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Oct 26, 2019 News
The Caribbean Court of Justice (CCJ) heard arguments on Thursday in an application for Special Leave to appeal two convictions and sentence by Linton Pompey who was found guilty on September 21, 2015 of two counts of rape and one count of sexual activity with his niece, then a child under 16 years of age.
The rape convict was sentenced to 37 years in prison by trial Judge Jo Ann Barlow. Pompey, through his lawyer Nigel Hughes, made several challenges to the summing up of the trial judge at the Court of Appeal, as well as to his sentence which he claimed to be excessive.
Thursday, CCJ Judges Winston Anderson, Denys Barrow and Peter Jamadar heard arguments from State Prosecutor Teshanna Lake and Hughes. The panel of judges indicated that while it would not take an extended period of time to come to a decision on the application, they are still awaiting the written judgment of the Court of Appeal.
Justice Anderson said, “We do not anticipate that giving a decision would take a very long time. But we do want an opportunity to look at the transcript [of the Court of Appeal].” The lawyers will be informed of the court’s decision very soon. The CCJ, however, urged them to bear in mind, Tuesday, January 21, 2020, for the hearing of arguments in the appeal, should the court agree to grant Special Leave to appeal.
The Court of Appeal in dismissing Pompey’s appeal, Chief Justice Roxane George, who was on the panel of judges, held that the convictions can be supported by the evidence of the prosecution, adding that the summation of evidence done by the trial judge did not, in any way, cause a miscarriage of justice as contended by Hughes.
Pompey, 53, said to be a father of 12, was found guilty by a 12 member jury on two counts of rape of a child under 16, which occurred between June 1 and 13, 2011 and January 10, 2012, respectively. He was also found guilty of sexual assault which occurred between May 1 and 21, 2011.
Based on information, Pompey inserted his penis into the girl’s vagina and also fondled with her breasts. Following the convictions, Pompey was sentenced to separate terms of imprisonment on each count, which accumulated to 37 years, since the trial judge ordered that the sentences run consecutively.
Also at the Court of Appeal, Hughes had contended that consecutive sentences are only warranted when there is some level of extreme violence. But the Chief Justice disagreed, saying that the sentences were appropriate, given that the offences occurred at different times.
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