Erin serial rapist appeals 'excessive' 27-year jail term

AN Erin man dubbed a serial rapist who posed as a PH driver is appealing his 27-year sentence.

It was imposed for the death of a woman who jumped out of the back seat of his moving car while there was another woman locked in his car trunk; rape; and robbery.

The victim who jumped out of his car suffered fatal head injuries.

In November 2017, Jude John pleaded guilty to six charges or robbery, kidnapping, rape and manslaughter.

In June 2018, he was sentenced to 27 years and a month by Justice Hayden St Clair-Douglas.

At a virtual hearing of his appeal on Tuesday, Arjoon’s attorney Rajiv Persad and special prosecutor Travers Sinanan were asked to provide additional legal authorities on the question of the imposition of consecutive jail terms, which are served back-to-back, as opposed to concurrent sentences, which are served at the same time.

The judges are acting Chief Justice Alice Yorke-Soo Hon and Justices of Appeal Mark Mohammed and Gillian Lucky.

They also sought further guidance from the lawyers on the totality principle, which applies when a court imposes multiple sentences of imprisonment after considering the totality of the criminal behaviour and determining the appropriate sentence for all the offences.

Yorke-Soo Hon admitted it was the first time the Court of Appeal was looking at these issues, and said the case would provide guidance for future cases since, she said, many indictments were now formulated this way.

The judges also asked for assistance to determine in what circumstances a sentencing court can impose consecutive sentences.

The attorneys were given dates in September and October to provide this additional guidance to the court and the appeal has been adjourned to October 26.

Arjoon, originally from Point Fortin, had pretended to be a PH driver when he committed offences against three women. He was arrested in July 2005 and was committed to stand trial on a series of offences.

When he appeared in the High Court, he pleaded guilty to manslaughter but asked for the other indictments to be heard together.

In his appeal, Arjoon complained of the sentencing principles applied by the judge for the starting point for the rape and manslaughter charges; the fact that the judge found no mitigating factors; and his imposition of consecutive sentences.

On the latter, Arjoon’s attorneys argued they were “excessive and disproportionate.”

Persad submitted there should be “clear legislative guidance” for a court to impose a consecutive sentence. He said a sentencing court needed to strike an appropriate balance.

In reply, Sinanan urged the judges to consider Arjoon was on three separate indictments which each carried multiple counts. The three indictments related to three separate attacks on three women.

“We must not lose sight of this,” he said. “We must be reminded of the nature of the offences. One victim was raped twice, stripped naked, her clothes thrown on a dung heap. One victim tried to escape and we know what happened…These offences were committed in the space of one month, unrelated but similar.

“Given the callous and heinous nature of these offences, can this court say the overall criminality would be reflected in the consecutive sentences…Can a concurrent sentence reflect criminality?”

Sinannan said Arjoon received his one-third discount on his sentence for his guilty plea, and pointed out that both manslaughter and rape carried life sentences.

“We must always keep in mind the seriousness and gravity of the offences. These are three separate indictments. Not because taken together each offence must be sentenced on its own,” he said, as he submitted the judge properly imposed the jail terms.

On April 28, 2005, Arjoon, 39, picked up Mary Baldeo-Waheed in his Ford Laser. She asked to be dropped at Library Corner, San Fernando and sat in the back seat.

As he drove, the woman spoke to Arjoon, who did not respond. While the car was on the M2 Ring Road, at 5.40 pm, Baldeo-Waheed opened the door and jumped out of the back seat.

People helped Baldeo-Waheed while Arjoon drove off. She was taken to the San Fernando General Hospital, where she later died from massive blunt force head trauma.

Arjoon was charged with manslaughter.

At the time Arjoon picked up Baldeo-Waheed, he had another woman in the trunk of the car.

She had got into the car at Harris Promenade, San Fernando. Arjoon took her to a gravel road, where he robbed her of a bank card, $35 cash and her cellphone. He threatened to blow out her brains if she gave him the wrong number for her bank card. He also showed her a woman's wallet which contained pictures of children, and told her that he had killed the owner.

Arjoon could not tie the woman’s hands because her left arm ended just under her elbow. Instead, he put her in the trunk and drove off.

Sometime later he stopped the car and again asked her for the PIN number.

He later picked up Baldeo-Waheed, in San Fernando.

Around 5.40 pm that day, another driver on the M2 Ring Road saw the back door of a car open and someone jump out. He found Baldeo-Waheed lying face down in the grass groaning. She died the following day.

When he was arrested, Arjoon told the police he picked up Baldeo-Waheed at Broadway and told her he was going to pick up his child in Bel Air so she would not panic.

After Baldeo-Waheed jumped out of the car, Arjoon went to Hermitage Village, where he stopped, took his other victim out of the trunk and raped her twice in the back seat. He left her there.

In May 2005, at around 12.20 pm, Arjoon picked up the third woman in Marabella. She asked to be taken to Vistabella, but he took her to Cipero Road, again claiming he had to pick up his daughter. She asked him to let her out and tried to open the door, but it was locked.

He took the woman to the M2 Ring Road, where he robbed her of a $1,000 cellphone and her wallet and demanded the PIN numbers for her bank cards. The woman managed to open the car door but Arjoon grabbed her and ordered her into the trunk. She kicked Arjoon, who had a knife, and his lip began to bleed. He took out a gun and cut off her clothes.

The woman opened the trunk from the inside while the car was moving and at the first sight of houses, jumped out. She hit her head on a stone and only remembered being naked on the road. She was helped by a passer-by.

When Arjoon was arrested at a house at Rancho Quemado, Erin, on July 5, 2005, he told the police: “Boss, I had a bad childhood and I sorry. I need help. Better allyuh kill me and done.”