Scores escape prosecution, some in “high places”

DPP Shalimar Ali-Hack

Paedophilia in Guyana

Close to 40 alleged paedophiles have escaped prosecution though various circumstances during the just concluded June Criminal Assizes in the three main counties.

Some 23 of the over 40 cases that were slated for prosecution engaged the courts’ attention and another 20 were nolle prosequi (not prosecuted) by the Director of Public Prosecutions as a result of the Virtual Complaints (VCs) or victims not wanting to proceed with the matter.

Guyana Times was told that in a number of these cases, the accused paid off the victims. Of the 23 cases that actually went to court, only in three matters the accused were sentenced – one from each county.

Eight cases ended with the accused being set free for various reasons. According to a report issued by the Director of Public Prosecutions Chambers, there were a total of 43 cases for sexual offences disposed of.

These cases varied from rape, buggery, carnal knowledge of a child under 15, sexual activity with a family member and incest, among others. At the High Court in Demerara, 36 sexual offences cases were dealt with, of which 19 were before a judge and jury while 17 cases were nolle prosequi by the chambers.

During the month of June, a rape case was quashed and a Preliminary Inquiry (PI) was De Novo. Then in the following month, 13 accused were freed after the VCs indicated that they did not want to pursue with the matter while two accused were found not guilty by the jury panel and subsequently set free.

One accused had pleaded guilty to raping a child under the age of 15 and was sentenced to 30 years imprisonment. Another accused was further remanded after he requested five years to prepare his defence as he will be defending himself in court. In one of the cases, there was a hung jury so a retrial was ordered.

Only three

Meanwhile, in the Essequibo District, there were only three sexual offence cases in the May Assizes; however, a trial was only held in one for the offence of buggery, which resulted in the accused being found guilty and sentenced to nine years.

Another accused was freed after the VC did not want to proceed with the matter. The other case was nolle prosequi by the DPP after the VC indicated that she did not want the matter to be heard in court.

Then in Berbice, four sexual offences cases were listed; however, two were nolle prosequi for the same reason by the chambers. There was a 25-year conviction for a carnal knowledge of a girl under 15 after the accused was found guilty by the jury. The other case saw the accused who allegedly had sexual activity with a child being freed after the VC said she does not want to further pursue the matter.

In the two nolle prosequi matters, one for the offence of indecent assault was thrown out because the VC died while the victim in the other did not want to proceed with it.

The noticeable trend in these cases are the fact that victims of sexual offences often refuse to pursue the matters in the courts, mostly out of embarrassment or because they do not want to go through the trauma of having to relive the ordeal during the testimony.

However, this results in the perpetrators being set at large. In some cases, the perpetrators offer huge sums of money to the victims to end the matters.

Earlier this year, Attorney General Anil Nandlall had said it was alarming that there were no convictions for sexual offences since 2011. He blamed the archaic jury system, as well as reluctant witnesses for the problem. Giving statistics, Nandlall said in 2011, 16 sexual offences cases were completed. There were three guilty pleas and three cases were nolle prosequi (unwilling to pursue) because the (VCs) gave statements expressing a desire not to proceed with prosecution. There were seven not guilty verdicts by the jury. However, in 2012, 10 sexual offences cases were completed. Only last week, the Human Services and Social Security Ministry and the Police Force announced that they were working closely to ensure the full implementation of the Sexual Offences Act of 2010. Through a process of education, the intention is to reduce the number of cases thrown out of the court due to the lack of evidence.