Justice Winston Patterson yesterday sentenced a Herstelling man, convicted of having carnal knowledge of a 12-year-old girl, to 15 years imprisonment.
Following a week-long trial in the High Court, a mixed jury after almost three hours’ deliberation returned a majority verdict pronouncing defendant Mohan Lall guilty of carnal knowledge. “I am innocent of the girl. I didn’t do anything to she,” were the only words Lall uttered to the court before Justice Patterson sentenced him.
Lall, 47, was first arraigned for the crime in May 2009 at the Providence Magistrates’ Court. At the end of a preliminary inquiry, Lall was committed to stand trial in the High Court. His trial commenced last Tuesday; the first day of the first session of the Criminal Assizes in Georgetown.
The jury found that Lall, also called “Lloydie,” a labourer of Fourth Street, Herstelling, East Bank Demerara, had carnal knowledge of a girl under the age of 15, between March and November, 2008.
State Prosecutor Judith Gildharie-Mursalin led six witnesses, including the virtual complainant (VC), during the trial. During testimony and from documentation presented to the court, it was found that a report of the incident was first made anonymously to the Ministry of Human Services.
Investigators from the Child Protection Agency of that ministry had immediately launched an investigation into the matter and police were subsequently informed.
The VC subsequently identified Lall to probation officers as her oppressor. A confrontation was then held between the VC and Lall and the child contended that during the months in 2008 the man had violated her six times in his home.
During this period, the prosecution told the court, the VC cleaned for the defendant, who would give her money to attend school.
Lead defence attorney Hukumchand, in association with Sonia Parag and Kamini Parag-Singh, represented Lall. The defence presented one witness to the court who testified that he was the anonymous individual who made the report the Human Services Ministry.
Seenauth Ramsahoye told the court that in his report to the ministry he had said that it was the child’s father who was her oppressor. However, later when he was cross-examined by Gildharie-Mursalin, he admitted that he had been following the case closely and had been “walking the corridors in front the courtroom” during the trial.
Later, Probation Officer Denise Ralph confirmed to the court that Ramsahoye was the man who had made the report. However, investigations conducted by both the police and the Child Protection Agency found that it was the defendant Lall who was responsible for the act. Further, it was noted in the court that the VC was able to identify the man immediately.
During the period of the incident, Ralph told the court, investigations found that the VC’s father was at sea.
After closing submissions by the prosecutor, the jury retired to their quarters at 1.15pm to commence deliberation. Shortly before 4pm, the members returned to the courtroom and reported the majority verdict of guilty.
Justice Patterson told Lall that the court, in consideration of his limited academic capabilities, did not give him the maximum sentence of 25 years.
The judge further pointed out to Lall that throughout her testimony the VC referred to him as “Uncle Lloydie”—an indication that she regarded him as a parent figure and that he was trusted with her safety.
The judge told Lall that he had disregarded these things and such conduct will not be condoned by society.
