Keep eye on daughters

Court of Appeal judge Justice Stanley John, warned mothers yesterday to pay more attention to their daughters especially when there is a stepfather around. The judge made the comment while affirming a 15-year sentence imposed on a St James man for raping his nine-year-old stepdaughter on several occasions. The court was also minded to increase the stepfather’s sentence from 15 years hard labour to life imprisonment, but his attorney Israel Khan SC, withdrew the appeal against sentence.

“A wise decision,” commented John, indicating that the maximum sentence for such an atrocious crime was life imprisonment and that the sentence imposed on the stepfather by the trial judge was lenient, and that the stepfather was fortunate. John, sitting as president of the court that included justices Ivor Archie and Paula Mae Weekes, said what was sad about this case, was that the child’s natural mother gave evidence to support the testimony of the stepfather. John said that the stepfather was placed in trust and he betrayed that trust.

At the trial, before Justice Malcolm Holdip, the mother had called her child a liar, denying that the child had spent the week at her home during which time she was repeatedly raped by her stepfather. Khan focused on one ground of appeal in which he questioned the wisdom of the trial judge’s direction to the jury on the issue of identification when there was no dispute about identification. In fact, the defence was one of fabrication. Khan suggested that by the judge giving such a direction, it watered down the defence and distracted the jury.  Senior State prosecutor Trevor Ward responded on the State’s behalf.

The facts of the case were that at the end of the school term in 1998, the girl who lived with her grandparents went to spend a week with her mother because she was not feeling well. After she retired to bed on June 29, 1998 her stepfather entered the room, sexually assaulted her and attempted to rape her. The following night about 9 pm he returned, and raped her. He also raped her on July 1, 2, 3, 4 and 5. She never told her mother because she was afraid that her mother would quarrel with her. About July 19, 1998, she spoke with her grandfather who took her to the St James Police Station where a report was made to WPC Merlene Morgan.

The stepfather who said he was employed as an auto straightener and painter and taxi driver, denied having sex with the girl. He claimed it was all fabrication but could not say why the girl would make such allegations against him. After a Port-of-Spain jury found the stepfather guilty he was sentenced on August 6, 2004.