Tobago man accused of raping daughter to face new trial

A TOBAGO man convicted in 2023 of raping and buggering his daughter will face a new trial after the State conceded the trial judge erred at his judge-only trial.

The name of the accused cannot be published, to protect the victim's identity.

In an oral ruling, Justices of Appeal Gillian Lucky, Malcolm Holdip and Eleanor Donaldson-Honeywell allowed the man’s appeal, set aside his conviction and sentence, ordered a retrial and granted him $100,000 bail to cover all charges.

He was also ordered to have no contact with the victim, physical or otherwise, using any means of communication either by himself or his agents.

The 63-year-old man was convicted in March 2023, in a judge-only trial.

He was found guilty of indecent assault, buggery, two counts of rape and grievous sexual assault, but not guilty of a single count of grievous sexual assault.

In giving the Appeal Court’s reasons for ordering the retrial, Lucky said this was not a case where there would be any unfairness to either side.

“Justice is for all.”

The offences were alleged to have been committed in October 2016. The accused was sentenced to concurrent sentences of ten years each for rape, eight years for buggery, six for grievous sexual assault and two years for indecent assault.

Azim Walters and Samantha Lawson represented the accused. Deputy Director of Public Prosecutions Sabrina Dougdeen-Jaglal represented the State.