Child rapist claiming unfair trial, seeks to overturn life sentences

A 50-year-old man who is currently serving three life sentences for raping underage girls has appealed his convictions, arguing, among other things, that the admission of prejudicial evidence resulted in him having an unfair trial. Sheldon Lynch, a father of two, of East Coast Demerara (ECD), was convicted at the Demerara Criminal Assizes in 2018 of raping a girl on two separate occasions between December 2010 and November 2011 and another girl on August 22, 2015.

For the rape that occurred between December 2010 and November 2011 when the girl was just 10, he was sentenced to two consecutive life terms and must spend a minimum of 35 years in prison on each of the two convictions before being paroled. In relation to the rape committed on August 22, 2015, on another girl, 11, Lynch was imprisoned for life, without parole.
It was reported that on August 22, 2015, Lynch, known to the child, had forced himself on the then 11-year-old. Following the incident, the girl told her mother what had transpired, and the mother reported the matter to the Police. Thus, he was arrested and later charged.
Concerning the matter in which Lynch was found guilty on two counts of child rape and given two consecutive life sentences, the Court of Appeal heard arguments last week Wednesday.
Lynch’s lawyer, Ronald Daniels contended that prejudicial evidence was admitted by the trial Judge, and this interfered with the jury’s ability to reach an impartial verdict.
For context, he said that prior to the jury being empanelled, the Judge referred to other indictments of a similar nature in favour of his client and that in the circumstances, this was tantamount to “bad character evidence” and therefore was prejudicial.
Interjecting was Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards who questioned whether the trial Judge’s query about the indictment in the presence of potential jurors was detrimental to the case. Daniels, however, maintained his position.
“The effect of that is to put the jury on notice that the appellant [Lynch] has been charged for other offences of a similar nature and in the circumstances, it has the effect of suggesting to the jury that the appellant might be someone with the propensity to commit such offences…”
After Daniel’s response, the Chancellor further quizzed him on whether his client did not benefit from the legal principle of presumption of innocence. Counsel submitted that his client did not, and reasoned that if the trial Judge was not inclined to discharge that jury panel and select jurors from another panel, the trial Judge should have dealt with the issue during summation.
Among Lynch’s other grounds of appeal are that the trial Judge failed to put his defence of alibi to the jury and that the two life sentences are manifestly excessive. In his testimony, Lynch had said that he was in the interior at the time the young girl claimed he raped her.
Representing the State was Assistant Director of Public Prosecutions (ADPP) Mercedes Glasford, who contended, “It is not in every case where something prejudicial is admitted inadvertently that the jury or the panel should be discharged.” She relied on case laws to support her argument.
In one of those cases, Glasford said that it was held that whether or not to discharge a jury is at the discretion of the trial Judge on the particular facts of the case.
“It has been repeated time and time again that every case depends on its facts, it depends on the nature of what has been admitted, and what in light of the circumstances, in which it has been admitted and what is the correct course to be taken.” In the instant case, the prosecutor maintained that the strength of the prosecution’s case outweighed any prejudicial evidence and that any properly directed jury would have arrived at the same conclusion—a guilty verdict.
Apart from the Chancellor, Justices of Appeal Dawn Gregory and Rishi Persaud also comprised the bench. The convict’s appeal against his other rape conviction and life sentence is yet to be heard. (G1)