An appeals court ruled Tuesday that Andre Penn should receive a retrial due to an error the trial judge made in giving the jury instructions.
Mr. Penn, a former legislator, 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.
But the Eastern Caribbean Supreme Court of Appeal ruled that Mr. Penn’s conviction was “unsafe” because High Court Justice Indra Hariprashad-Charles failed to instruct the jury to take extra care when listening to the alleged victim’s testimony as the law requires when children testify.
But the appeals justices agreed that it would “be in the interest of justice” to allow a retrial of Mr. Penn on the charges rather than prohibiting further prosecution. After the ruling Tuesday, Mr. Penn left the Commercial Court building where the hearing took place and was taken back to Her Majesty’s Prison at Balsam Ghut.
The appeals court ruling also means Mr. Penn could appear before a High Court judge to apply for bail.
See the Jan. 19, 2012 edition for full coverage.