Linden man found guilty of raping girl, 6, wants conviction quashed

Nov 16, 2019 News

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Pointing to several errors in law and failures made by Justice Simone Morris-Ramlall during his trial, rape convict Selwyn Lancaster has moved to the Court of Appeal where he is asking that his conviction and sentence to be quashed, as the verdicts were unreasonable and cannot be supported by the evidence led by State Prosecutors.

With the appeal filed, it is unclear whether Lancaster will be seeking bail. On October 9 last, a jury found Lancaster guilty of engaging in sexual penetration and sexual activity with a six-year-old girl. The offences occurred on October 8, 2018 and November 6, 2018 respectively in the County of Demerara.
In relation to the rape charge, Justice Morris-Ramlall imposed a 15-year prison term. On the sexual activity charge, he was jailed for seven years. The judge ordered that the two sentences run concurrently. According to reports, Lancaster, of Linden, was a frequent guest at the child’s home. It was reported that he made his way onto the verandah where the young girl was with an older sibling and placed his penis to her mouth, and also fondled with her vagina.
It was reported that the older sibling complained to their mother, but by the time the woman could have reached the scene, Lancaster had already fled. He was nevertheless arrested. Lancaster’s lawyers, Gordon Gilhuys and Yondessa Welcome-Mercurius, have now moved to the Court of Appeal where they complained that their client is dissatisfied with the verdicts.
The lawyers are asking that the judgment of Justice Morris-Ramlall be set aside and/or discharged and that costs be awarded to their client.
In court documents seen by this publication, the lawyers argue that the trial judge made an error of law in summing up the evidence to the jury, and as such the verdicts were unreasonable and could not be supported having regard to the evidence. According to the lawyers, the trial judge misdirected the jurors when she directed them that they can convict Lancaster solely on the evidence of the virtual complainant if they find that she is a credible witness.
This, the lawyers point out, was regardless of the inconsistencies in the evidence of other key witnesses. They further argue, “There was a miscarriage of justice since the defence was denied the opportunity of questioning the virtual complainant or any witness about the previous sexual activity of the virtual complainant which went to the credibility of the virtual complainant and the witnesses.”
“The learned trial judge failed to properly direct the jury on the inconsistencies in the evidence of the prosecution witnesses; and the trial judge did not direct the jury on the deliberate failure by the prosecution to admit medical evidence.”
The convict’s counsel are further contending that the trial judge misdirected the jury in her assessment of the virtual complainant’s evidence and how the child’s responses under cross examination does not affect her credibility.
Furthermore, it is being contended by the lawyers that the trial judge misdirected the jurors when she proposed to them that she will not read all of the evidence to them during her summing up and that the summing up was not balanced and favoured the prosecution’s case.
Lancaster’s lawyers argue, too, that, “The learned trial judge misdirected the jury when she failed to point out the recent complaint of the virtual complainant was elicited from the mother.”
“There was a miscarriage of justice since the trial for [Lancaster] was rushed [and he] was denied legal representation by an attorney of his choice at his arraignment and jury selection despite [his] pleadings.” At the announcement of the jury’s verdicts, on October 9 Lancaster appeared shocked. Thereafter, his sentence was deferred until October 29, for a probation report.
When asked by Justice Morris-Ramlall if he had anything to say in relation to the verdicts, Lancaster, after consulting with his counsel said: “I really don’t have anything to say.” Probation Officer, Simone Gaskin was tasked with presenting a victim impact statement she had taken from the young rape victim. The young girl expressed that she still feels bad and would get angry every time she sees Lancaster. She confessed that she no longer trusts some people.
To this end, she added, “I want Selwyn to go to jail because of what he did to me.”
The rape victim told the probation officer: “I remember what happened but I do not like to think about it. I want Selwyn to go to jail because I feel really sad when I remember what happened.”
The child’s mother indicated to the probation officer that her grades have declined ever since the incident. Nevertheless, the family is coping with the ramifications of the incident.
In a probation report, Lancaster’s mother described him as a very loving and devoted son. However, persons in his immediate neighbourhood indicated that there were rumors that he engaged in activities of a similar nature for some time; but no formal reports were ever made to the police as he was considered to be a gentle and caring individual, the probation report noted.
According to the probation report, “It was also reported by several persons that [Lancaster] had been sexually inappropriate with them while they were children.” As such, persons in the wider community of Linden expressed no surprise at his conviction. Lancaster, on the other hand maintained his innocence.
He told the probation officer that the accusations leveled against him are as a result of broken promises to the victim’s mother, whom he knew. The probation report would further reveal that Lancaster is skilled in the area of Information Technology and had been employed with several private and Government agencies before his incarceration.
Prior to his conviction, he was employed for two years as a Master Trainee attached to the Hinterland Employment and Youth Service (HEYS), a project executed by the Ministry of Indigenous Peoples’ Affairs. The probation report highlighted that Lancaster was described as a “genius” in his trade and as someone who conducted himself in a professional manner at all times.

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