AN ex-policeman who raped a member of the netball team he coached has lost his appeal.
Andy Allan was convicted and sentenced to 17 years’ hard labour on June 8, 2017 by Justice Hayden St Clair-Douglas in the Port of Spain High Court.
At his appeal, Allan advanced ten complaints about the judge’s handling of the case, including comments made at the trial, which the convicted ex-cop claimed adversely affected him.
Allan represented himself at the trial.
However, in a written decision delivered on Tuesday, Justices of Appeal Alice Yorke-Soo Hon, Rajendra Narine and Mark Mohammed said they did not find the judge’s comments inappropriate or hostile.
In fact, Mohammed, who delivered the ruling, said St Clair-Douglas’ comments were “instructional and necessary.” Mohammed said the judge “exhibited great care and patience” in ensuring Allan received the full range of necessary procedural guidance as an unrepresented defendant without in any way compromising the fairness of his trial.
He said St Clair-Douglas’s method was a “model of fairness” and he was to be commended for his handling of the trial.
Allan was represented at his appeal by Ravi Rajcoomar while Nigel Pilgrim argued it for the State.
During the trial, prosecutors said the attack took place at Allan’s home on March 27, 2010. The victim, a member of a netball team Allan coached, said she went to his home to
collect a uniform.
She told the court Allan invited her to try it on in his bedroom. and while she was doing so he came in and raped her.
During his cross-examination of the victim, Allan claimed they had a close relationship and a financial arrangement where he deposited money into her account monthly in exchange for sexual favours. He claimed the sex was consensual and he dropped the victim home after. Allan also alleged that the victim only reported the incident after her boyfriend found out about their relationship. The victim repeatedly denied his claims and said she told him to stop more than once.
She said before the incident, she stopped talking to him for a while since he would get upset whenever she became romantically involved with a man.
At the trial, Allan, when told by the victim’s boyfriend he was going to report the rape, told him, “Go ahead. If I get lock up, I will say I didn’t do it and I will just pay money and come out.”