Court of Appeal affirms rape convictions, 37-year sentence

Mar 06, 2019 News

Dissatisfied that his appeal against two rape convictions and one of sexual assault, as well as a 37-year jail sentence was affirmed by the Court of Appeal yesterday, 53-year-old Linton Pompey will be challenging the decision at the Caribbean Court of Justice (CCJ).
In September 2015, Pompey, 53, who is said to be a father of 12, was convicted by a 12- person jury on two counts of rape committed on a 14-year-old girl. He was also found guilty by the jury of sexually assaulting the minor. He inserted his penis into the girl’s vagina between June 1 and June 13, 2011 and January 10, 2012, respectively.
He also fondled the girl’s breast between May 1 and May 21, 2011.

Linton Pompey

Trial Judge Jo-Ann Barlow later imposed separate sentences for each of the offences. The judge, however, ordered that the prison terms run consecutively, hence they amounted to 37 years.
In affirming the convictions, Chief Justice Roxane George and Justices of Appeal Rishi Persaud and Dawn Gregory, said that the convictions can be supported by the evidence adduced by the prosecution during the trial.
Pompey’s Attorney-at-Law Nigel Hughes had asked the Court of Appeal to reverse, set aside and/or discharge the decision of the High Court. The lawyer had argued that the trial judge failed to adequately put the defence of his client to the jury.
However, this argument was rejected by the Judges who agreed that the trial Judge during summing up told the jury to consider that Pompey had denied committing the offence when called upon to lead a defence.
The Appellate Judges also said that records indicate that the trial Judge also asked the jury to consider the testimony of a witness who testified on behalf of Pompey. According to the Judges, the prosecution’s evidence was strong, and that the summation of the evidence by the trial judge did not jeopardize the case.
During a rehash of the evidence, the Chief Justice said that as it relates to rape committed between June 1 and June 13, 2011, Pompey threatened to tell the girl’s mother something, which (the girl) considered a threat.
Further, the Chief Justice said that in relation to the second count of rape, Pompey showed the girl a $1,000 note after committing the act which was witnessed by a man, who was called to testify by the prosecution.
Hughes had also argued that the sentences were excessive given that they are to run consecutively. But the Chief Justice disagreed and pointed out that the conduct of Pompey resulted in ongoing sexual acts on the young girl.
In affirming the 37-year sentence, the Chief Justice said that rape is a prevalent offence and the courts must send a strong message that such an offence would not be tolerated. At an earlier court hearing, Hughes had contended that consecutive sentences are only warranted when there is some level of extreme violence.
However, the Chief Justice had sought to remind Hughes that rape, by itself, is a violent offence. During initial arguments, State Prosecutor Natasha Backer disagreed that the sentences were excessive given the nature of the offence.
Citing a case from the Caribbean Court of Justice (CCJ), Backer said that it was reasoned that consecutive sentences may be given if the offences occurred in unrelated acts. She explained that in Pompey’s case, he committed the acts on the girl, 14, during different intervals.
Backer had pointed out that a considerable amount of time would have elapsed between the commissioning of the acts.

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