Darell Sinclair, called ‘Boots,’ was on Monday freed of a rape charge after a 12-member jury found him not guilty.
The charge against Sinclair, who was on trial before Justice Brassington Reynolds at the High Court in Demerara, stated that in October, 2015, he engaged in sexual penetration of a woman without her consent.
The prosecution’s case was presented by State Prosecutors Nafeeza Baig and Sarah Martin, while Sinclair was represented by attorney Damien DaSilva.
The police had said the accused and his accuser were known to each other through the latter’s fiancé.
On October 3rd, 2015, the woman had left her home to visit her fiancé but was unable to stay at his home due to differences with his family and as a result they stayed at Sinclair’s home, which was nearby. They both stayed there that night and the following day as she was unable to go home she stayed an additional night at Sinclair’s residence.
Police contend that early in the morning on October 5, the victim’s fiancé left the home to prepare to go to the interior and she went back to the bedroom and fell asleep after seeing him off. She was not aware that anyone else was in the home at the time.
The woman alleged that she was subsequently awakened to feel someone’s arm thrown across her and she thought that it was her fiancé who had returned but after inquiring the person only said, “Mmm mmm”. She subsequently realised that the arm did not feel like her fiancé’s and jumped up to realise that it was the accused who was there with her.
It was further alleged that Sinclair had confessed that he had feelings for her and wanted her to have sex with him, which she refused. It was alleged that he became annoyed and subsequently raped her.
Following approximately two hours of deliberation by the 12-member jury, they returned with the not guilty verdict by a proportion of 11 to 1. Sinclair after hearing the verdict told the court that he was thankful to the jury and his attorney before adding that the charge was a lot on him and his family. He also noted that he would try his best to not get into trouble with the law even as he advised others to stay away from trouble.
Justice Brassington Reynolds told the court that both parties know what transpired on the day in question. He told Sinclair that a rape conviction can carry a term of life imprisonment and implored him to stick to his word of not getting into trouble with the law. Justice Reynolds then discharged Sinclair and told him he was free to go.
