At Demerara Assizes
TWENTY-five-year-old Sheldon Eastman nicknamed ‘Shelly’, who was indicted for carnal knowledge, avoided conviction and a long jail sentence yesterday when the virtual complainant declined to testify against him.
The now 19-year-old, who was to have given evidence about the offence allegedly committed when she was 15, explained that the accused is the father of her child and her husband to be.
Following discussions involving Defence Counsel Leslie Sobers, State Prosecutor Ganesh Hira and Justice William Ramlal, the judge directed the Demerara Assizes jury to formally return a unanimous verdict of not guilty in favour of Eastman.
Sobers had previously made a no-case submission, for the accused to be freed at that stage.
But Justice Ramlal noted that Eastman admitted having sexual intercourse with the teen of tender age and she had confirmed it on the witness stand, although she was not prepared to testify against the man she loves.
After the Defence contended that the couple had been living in Trinidad as man and wife and only returned to Guyana for the case, the judge invited both counsel to address him on the Marriage Act and its amendments.
Although Justice Ramlal has the authority to compel the alleged victim to testify as she was not a married woman, he did not after Hira conceded to the Defence.
However, the judge told Eastman that, if he was in the habit of taking advantage of children, he would return and would not be as successful as on this occasion.
Justice Ramlal observed that Eastman, by his action, caused the teenager to be deprived of an education and become a parent.
The judge said he is certain that, had the jury been called upon to make a decision, Eastman would have been found guilty.
“I would have given you 75 years. When you came out, you would have been 100, if you did come out,” Justice Ramlal informed Eastman.
Asked whether he had anything to say, the freed accused, referring to the young woman, said: “I am sorry for what I have done. I will take care of her and send her back to school.”
Eastman, on being discharged, told the judge: “Thank you” but Justice Ramlal said to him: “I don’t want to hear any thanks from you.”