17 years for assaulting schoolgirl

A father of five convicted in 2002 of buggery and indecent assault of a 13-year-old schoolgirl  lost his appeal yesterday and had his sentences totalling 17 years affirmed by the Court of Appeal. Deodath Mootoo, 40, of Rio Claro, started his sentence yesterday. His sentence of 12 years for buggery and five years for indecent assault will run concurrently, therefore, he will only serve 12 years. Mootoo’s  attorney, Bindra Dolsingh, raised two grounds of appeal but the court comprising Justices Lionel Jones (president), Rolston Nelson and Wendell Kangaloo, found no merit in them. Represent-ing the State was Assistant DPP Devan Rampersad.

Dolsingh argued that the trial judge had failed to exercise  his discretion in so far as not giving a full corroboration warning. In other words, he suggested that the trial judge should have warned the jury to approach the evidence of the girl with caution in the absence of any evidence to support her claim. He also argued that the judge had misdirected the jury on the proper burden and standard of proof. Kangaloo, who delivered the judgment, dismissed the appeal and affirmed the convictions. The facts of the case are that on May 26, 2000,  at about 9 am, Mootoo asked the girl if she ever made love before and she said no.

He then told her that he wanted to show her how it is done. She became frightened and got up to leave when Mootoo pulled her back. He then kissed her on the lips and on her breast. He pulled down her underwear and performed oral sex. She tried to resist and in the struggle she ended up on her stomach. He then buggered her. The matter was reported to the police and Mootoo was charged. He was found guilty by a San Fernando jury and sentenced by Justice Stanley John on May 2, 2002. Mootoo, in his defence, claimed that the girl had lied because he was in his garden at the time of the incident.