Convicted rapist wins retrial

The court, comprising Justices Roger Hamel-Smith, Stanley John and Ivor Archie, found that the trial judge had made comments and suggestions during his summing-up of the case to the jury which were prejudicial to the accused. The trial was that of Rawle Bekaroo, who was charged with kidnapping, rape and grievous sexual assault of a Curepe Quik Shoppe worker on August 1, 2001.

Bekaroo was jailed for 20 years on the kidnapping charge, five years on the assault charge, and 15 years and 15 strokes with the birch on the rape charge. The rape and assault charges were to run consecutively, while the kidnapping charge was to run concurrently with the others.

Bekaroo’s appeal was argued by attorney Larry Williams, whose compelling submissions found favour with the three judge’s of appeal. Williams pointed out about 25 instances where the judges comments or suggestions were prejudicial to the defence’s case.

Senior State prosecutor Wayne Rajbansie noted that while many instances of objectionable comments were pointed out by Williams, only three or four were of any substance, but he accepted its preconception effect.

Williams emphasised that while some of the comments by themselves may seem insignificant, when put together their accumulative effect created an imbalance in favour of the prosecution. The judges agreed.

He also contended that one aspect of the leaning summation was that it annihilated the defence and suggested that the accused had concocted his story since the day of the incident.

Williams said that the cumulative effect of the summation was that it had neutralised the not guilty plea, and suggested that the accused was not as innocent as he had portrayed himself to be.

Bekaroo’s attorney also told the court that the trial judge’s direction on "good character"of the accused was totally obliterated by the judge’s attitude — that he only did it because the law required him to do so. Williams said the judge’s comments and suggestions went towards buttressing the prosecution’s case.