orders retrial

THE Court of Appeal has quashed the conviction and life sentence of Sheldon Lynch, a man in his 50s, who was previously found guilty of raping an 11-year-old girl in August 2015. The appellate court cited the admission of prejudicial evidence during his trial as the central reason for its decision, mandating a retrial during the next session of the Demerara Criminal Assizes.

Lynch was convicted, in July 2016, by a jury at the Demerara High Court and sentenced to life imprisonment without the possibility of parole.
Prosecutors alleged that, on August 22, 2015, Lynch engaged in sexual penetration with the child at his home in Region One (Barima-Waini), and was caught in the act by the victim’s mother.
The crime was promptly reported, resulting in Lynch’s arrest and subsequent prosecution.

Lynch’s appeal, filed by his attorney, Nigel Hughes, argued that the trial was fundamentally flawed due to the introduction of prejudicial evidence. The defence specifically challenged the admission of prior allegations of sexual misconduct against Lynch, which did not lead to charges or convictions. Additionally, the appellant criticised the trial judge’s references to similar convictions involving Lynch, arguing that these remarks improperly influenced the jury’s decision.
Hughes contended that this evidence amounted to “bad character evidence,” potentially biasing the jury against his client.

Delivering the decision on Friday last, Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, supported the defence’s position. She ruled that the trial judge erred in allowing evidence of Lynch’s alleged prior misconduct, deeming it inadmissible and overly prejudicial.
“We believe that this evidence was prejudicial more than it was probative. Evidence of previous convictions, evidence of previous encounters, and evidence of the character of the appellant [Lynch] cannot be wished away by the trial judge giving the jury directions. Therefore, we believe that the trial judge erred in the circumstances,” Justice Cummings-Edwards stated.

The appellate court further concluded that the trial judge’s instructions to the jury were insufficient to mitigate the prejudicial impact of the evidence. Consequently, Lynch’s conviction and sentence were overturned, with a retrial ordered to ensure a fair judicial process.
Attorney Hughes sought bail for Lynch pending the retrial; however, the appellate court directed him to submit the application to a judge in chamber.

The appellate court’s panel included Justices of Appeal Dawn Gregory-Barnes and Rishi Persaud, alongside Chancellor Cummings-Edwards. Assistant Director of Public Prosecutions Lisa Cave represented the State, with attorneys Narissa Leander and Kiswana Jefford supporting Hughes.
Notably, Lynch has faced multiple child rape accusations.

In a separate case last year, he was acquitted during a retrial after his earlier convictions for child rape and two consecutive life sentences were overturned by the Court of Appeal.