Sentenced to 37 years in prison back in 2015 for sexually assaulting a 14-year-old girl, Linton Pompey is appealing his conviction and sentence which he argues is harsh, while advancing that his trial had been unfair.
Among the grounds on which he is appealing, Pompey contends that Justice Jo-Ann Barlow who presided over his trial at the High Court, failed to sufficiently put his defence to the jury.
Additionally, he argues through his attorney Stephen Roberts, that the judge failed to adequately direct the jury on how it needed to deal with what he says were the “innumerable inconsistencies and discrepancies” in the prosecution’s case.
Listing in his notice of appeal what he describes as failings on the part of the trial judge, Pompey is of the view that Justice Barlow did not adequately provide guidance to the jury on the failure of the prosecution’s police witness to produce “vital” recorded evidence.
The appellant contends too, that the judge failed to sufficiently direct the jury as to the weight to be attached to the evidence of prosecution witnesses.
He is of the view that the decision of the jury is unreasonable and cannot be supported having regard to the evidence.
The appeal comes up for hearing on January 16th of next year before acting Chancellor Yonette Cummings-Edwards and Justices of Appeal Rishi Persaud and Dawn Gregory, at the Guyana Court of Appeal.
The Director of Public Prosecutions against whom the appeal is filed, is being represented by attorney Tuanna Hardy.
The then 50-year-old Pompey, a father of 12, was convicted by a jury on September 21st, 2015, for two counts of raping the 14-year-old girl.
In handing down the 37-year sentence, Justice Barlow had said that society expects elders to respect and protect children and never to disrespect them in the manner Pompey had done to the virtual complainant.
She said that he had breached a position of trust when he violated the young girl.
Pompey was sentenced to 15 and 17 years imprisonment respectively on the first and second counts of rape.
He was then additionally sentenced to five years on a charge of sexual activity—for rubbing her breast.
Justice Barlow had ordered that the three sentences be served consecutively.
The indictments against the convict are that on January 10, 2012 and between June 1 and 30, 2013; he sexually penetrated the girl; and that between May 1 and 31, 2011, he engaged in sexual activity with her.
