…sets aside rape conviction, sentence

CHIEF Justice Roxane George-Wiltshire and Justices of Appeal Dawn Gregory and Rishi Persaud on Wednesday allowed an appeal and set aside a conviction for rape and 25-year sentence for former TVG cameraman Andre Hetsberger.

The Appeal Court also ordered a retrial for Hetsberger.

In February 2016, Hetsberger, 42, was found guilty by a 12-member mixed jury and was sentenced to 25 years’ imprisonment by Justice Navindra Singh at the Demerara High Court. Hetsberger was on trial for sexual activity with a 13-year-old girl on October 17, 2014.

In April 2019, an appeal was filed by attorney-at-law Dexter Todd against the severity of the sentence handed down by the trial judge.

The appeal was made on grounds that the jury was prejudiced against Hetsberger, by returning with a guilty verdict without any evidence that he had committed the act. Todd argued that there might have been a misunderstanding of section 69 of the Sexual Offences Act, since the jury’s verdict was solely based on what the victim claimed, without evidence to corroborate.
Todd also noted that his client is not asking for a retrial or lesser sentence, but rather, they are seeking acquittal, since Hetsberger is innocent and there is no evidence to prove otherwise.

The state was represented by attorney Natasha Bakker, who is attached to the Chambers of the Director of Public Prosecutions (DPP).

Chief Justice Roxane George-Wiltshire allowed the appeal and ordered that the conviction and sentence be set aside and a retrial be done at the next partial sitting of the Demerara High Court.

Hetsberger’s attorney was not present at the hearing, due to him being out of the jurisdiction. Attorney-at-law Adrian Smith held the brief for Todd.
Smith made an application for Hetsberger to be released on bail pending his re-trial; however, he was advised to apply to the High Court.