Heavy jail for kidnappers

In fact, the appeal never got off the ground as the attorneys could find no grounds on which to challenge the summation of the trial judge, Justice Melville Baird.

Kevin Boyce, Otis Samuel, and Thomas Austin were found guilty before Justice Baird in the San Fernando Assizes on December 2, 2004, for rape, serious indecency, indecent assault, attempted buggery and kidnapping. They committed their crimes on February 17, 2000, in Couva.

The appeal was called before Justices Roger Hamel-Smith, Wendell Kangaloo, and Paula Mae Weekes. Attorney Keith Scotland appeared for Boyce; Ian Stuart Brook for Samuel; and Pamela Elder SC and Richard Mason for Austin. Special prosecutor Bindra Dolsingh represented the State.

Scotland sought leave to withdraw from the appeal, having told the court that he could find no ground on which to appeal.

The court asked Dolsingh if he found any ground in the appeal, to which he replied that he had found none. The court also stated that no grounds were found to sustain the appeal. The court commended the attorneys for their assistance in the case. Before the case ended, Dolsingh commended the police for the investigations in the case.

Having found no grounds, the court dismissed the appeal of the three men and ordered that their sentences start from the date of conviction. Boyce and Samuel were ordered to serve 30 years each, while Austin received 20 years.

According to the evidence, the victim was sitting in a car with her male friend at the lookout on the Lady Young Road, Morvant. A silver car pulled up and stopped behind the victim’s car. Two men came out and approached the victim’s car. One man placed a knife at the boyfriend’s throat and asked for the keys for the car.

The second man ordered the victim not to look. The couple was robbed of two chains, five rings, sneakers, boots and three bottles of cologne. The men got into the victim’s car and drove to a canefield in Couva. There, they were joined by two other men.

The four men then raped the woman and escaped.

A report was made to the Couva Police Station. Samuel was arrested on February 24, 2000, and placed on an ID parade where he was positively identified by the victim.

On March 17, 2000, Boyce was arrested, placed on an ID parade and identified. On May 17, 2000, Austin was arrested, placed on an ID parade and identified. When cautioned, he said "I just take a job and end up in this."

Insp Dennis Housend said he was driving an unmarked police car on February 24, 2000, when he met Samuel. He told him of the report and cautioned him. Samuel replied, "Mr Housend, let we go nah, ah go tell yuh everything." The three men were later charged with several offences.