APPEAL Court Tribunal judges, Chief Justice (ag) Yonette Cummings-Edwards, Rishi Singh and B.S Roy allowed a rape appeal, and set aside a conviction and a 19-year sentence, while ordering a retrial in favour of a 44- year-old man who had been indicted with sexual activity of an eight-year-old family member.The appellant had served over a year, having been convicted in September 2015 by Justice Brassington Reynolds at the Berbice Assizes.

Consequent, to the appeal, the seaman/carpenter moved to the Berbice High Court, where he was granted $250,000 bail, pending his new trial.

In his court documents, the appellant listed among his grounds for appeal as, the verdict was unsafe, the learned trial Judge omitted to put the defence of the appellant adequately to the jury, the law relating to contradiction and inconsistencies was not adequately discussed by the judge, thus, depriving the appellant of a chance of acquittal.

The State’s case presented by Assistant Director of Public Prosecution, Judith Mursalin noted that between February 1 and April 27, 2013, the appellant was watching television, and the child had gone to his home where she changed her outfit.

While there, the male relative lifted her on a table in the kitchen, pulled off her underwear and pushed his penis into her vagina.

The matter was reported to Central Police Station where ranks instituted charges.
The Appellant was represented by Attorney-at-law Charrandas Persaud.