Appeal Court affirms cadet’s buggery sentence

A young Barbadian cadet who came  here on an exchange visit was indecently assaulted and buggered by a corporal of the Trinidad and Tobago Cadet Force (TTCF). Cpl Wilfred Alexander of the TTCF, who was found guilty of the offences,  lost his appeal yesterday, and  the Court of Appeal affirmed his 12-year sentence. However, their lordships — Justice Roger Hamel-Smith, Justice Stanley John and Justice Ivor Archie, ordered that the sentence continue from date of conviction — November 3, 2003, and not from yesterday as is the norm. 

The boy, 15 years old at the time and a member of the Barbados Cadet Corps had come to  Tucker Valley Youth Camp at Chaguaramas in July 2000. The Court noted that it was because of  Alexander’s position of authority and position of trust, and the fact that it was such a young visitor, he should have exercised a level of restraint. He abused his authority, said Justice John. At the appeal yesterday, special prosecutor Devan Rampersad argued the case for the State and Dawn Mohan for Alexander. The facts of the matter were that on July 26, 2000, at about 7 pm whilst attending to chores in the bandroom, the Bajan cadet was approached by Alexander, whom he had seen before at band rehearsals. There was a brief conversation whereby Alexander asked the boy to be a pen pal and they exchanged addresses. However, when the boy was leaving the room, Alexander, who was standing in the doorway grabbed the boy’s penis. The boy pushed Alexander away and went to his room crying. He sat on his bed and prayed.

A short time later, Alexander came into the bedroom and went to a nearby cupboard and appeared to be fidgeting. When Alexander turned around his penis was out of his pants and erect. He approached the boy, grabbed hold of his neck and pushed him back on the bed. Alexander demanded the boy perform oral sex on him. The boy refused. He then instructed the boy to pull down his pants and with force, pushed his penis into the boy’s anus. This lasted for about 90 seconds. The boy, in pain, pleaded with Alexander to stop but to no avail. It was only the sounds of footsteps that caused Alexander to stop and eventually leave. The boy subsequently complained to a superior officer and on July 31, reported the matter to the police. Alexander was charged with indecent assault  and buggery.

Alexander in his defence denied the charge. He claimed that he was on the top deck of a double decker bed and the boy was on the bottom bed. He recalled the bed shaking and he observed the boy thrusting on the bed. Alexander said he instructed the boy to leave the room. He said he also warned the boy to desist from such activities otherwise he would report him which would result in him being sent back to Barbados. Alexander was found guilty and sentenced to three years hard labour on the assault charge and 12 years on the buggery by Justice Alice York Soo-Hon. She ordered the sentences to run concurrently. Mohan raised two grounds of appeal. The first was that it was an abuse of process for the Court to convict Alexander for the offences of buggery and indecent assault; the acts having followed one into the other.

Therefore, Alexander should be convicted only of buggery. On the Court’s invitation, Rampersad  produced a statement from the boy which indicated that the first incident — the indecent assault, occurred about 7 pm in the bandroom, and the buggery about an hour later, in the bedroom. The two attacks were distinct and separate from each other. The Court agreed with Rampersad. Mohan also complained that the sentence was excessive, citing authorities which indicated that the sentence in these matters was usually ten years, maximum. Rampersad, in his skeleton arguments, submitted that in the circumstances the sentence was not manifestly excessive or wrong in principle. He cited mitigating factors such as the age of the boy and the breach of trust by Alexander.