Despite working until what one justice of appeal described as “ungodly hours,” the Eastern Caribbean Supreme Court of Appeal’s weeklong sitting in the Virgin Islands ended before Andre Penn’s appeal of his March sex crimes conviction could be heard.
Mr. Penn, a former legislator and the brother of Deputy Premier Dancia Penn, was convicted by a unanimous jury of seven counts of indecent assault, three counts of buggery, and two counts of unlawful sexual intercourse with a girl of or under the age of 13. He was sentenced to 12 years in prison by Justice Indra Hariprashad-Charles.
On Sept. 26, the court had denied a request by Director of Public Prosecutions Elizabeth Hinds to adjourn the appeal until a later sitting.
But by Friday, after a few complicated cases had caused the court to hear arguments well into the evening hours throughout the week, Justice of Appeal Janice Pereira told Mr. Penn’s lawyer, Edward Fitzgerald, QC, that the court was unlikely to have time to hear the case.
Mr. Fitzgerald urged the court to find a way to hear the case, asking the justices to consider sitting on Saturday or Monday or to adjourn another matter not involving a person serving a prison term, but later that day, Ms. Pereira formally closed the sitting without hearing Mr. Penn’s case.
See the Oct. 6, 2011 edition for full coverage.