Latest update January 6th, 2025 4:00 AM
Feb 14, 2023 Court Stories, Features / Columnists, News
Kaieteur News – Neezam Ali, the Muslim scholar who was jailed for 45 years in 2019 for raping a nine-year-old boy, is facing another trial for the rape of another boy.
His case was called up before Justice Priya Sewnarine-Beharry at the High Court on Monday. Ali pleaded not guilty to the charge for the offence of sexual activity with a child by abusing a position of trust contrary to Section 18 (3) (a) of the Sexual Offence Act.
According to the charge, it is alleged that between December 2 and 31, 2011, in the County of Demerara, he engaged in sexual activity with a six-year-old boy by penetrating his anus with his penis, while being a teacher—Imam—at the Muslim Association Masjid, Turkeyen, Greater Georgetown.
State Prosecutors Simran Gajraj, Latifah Elliot, and Rbina Christmas have also presented an alternative count against Ali for the offence of rape of a child under 16 contrary to Section 10 (3) of the Sexual Offences Act. That charge stated that he engaged in sexual penetration with the lad between the said dates.
The charge further alleged that Ali called “Mufty”, “Mufti” or “Muffie” knew or could reasonably be expected to have known of the position of trust he held in relation to the said boy.
Ali, who was convicted and sentenced to 45 years imprisonment two weeks ago for raping a nine-year-old boy, has filed an appeal against the conviction and sentence with the Court of Appeal in Kingston, Georgetown.
In the appeal, lawyers Latchmie Rahamat and Glenn Hanoman, argue that the sentence imposed on him by Justice Navindra Singh was too severe in all the circumstances of the case. According to the lawyers, “The learned trial judge utilised a mathematical formula in passing the sentence of 45 years that is without legal basis and failed to take into account established sentencing guidelines and passed a sentence that was inconsistent with the current sentencing practice.”
It is the lawyers’ contention that in passing sentence, the trial judge failed to explore the possibility of ordering a probation report and to take other relevant factors into consideration. It is their view that counsel (Stanley Moore) who represented Ali during the trial, failed to adequately mitigate the sentence. Arguing that there was bias on the part of a juror, the lawyers have argued that, “There was a real possibility that a bias of a member of the jury affected the impartiality of the jury and the fairness of the trial and the failure of the juror to disclose that he attempted to forcefully shut down the Masjid run by Ali shortly after his arrest, constituted to a material irregularity at the (Ali’s) trial, resulting in a miscarriage of justice.”
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