With attorneys for both the defence and prosecution relying on their written submissions, Mark Campbell’s appeal against his child rape convictions and two life sentences was very brief when the matter was called for hearing last Wednesday at the Court of Appeal (CoA) of Guyana. The CoA has since reserved its decision.
When the matter came up for hearing before acting Chancellor of the Judiciary Justice Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud, Campbell’s counsel Ronald Daniels and State Prosecutor Teshana Lake said they did not wish to amplify anything in their written submissions. The convict appeared in court virtually from prison.
Convicted child rapist Mark Campbell
Campbell is currently serving two life sentences for raping two boys on separate occasions; and in his Notice of Appeal, he has asked the appellate court to reverse and/or set aside the jury’s verdict, and for his sentences to be quashed on the basis of them being manifestly excessive.
Following a trial at the Demerara High Court in October 2017, a jury had found that he had twice engaged in sexual penetration of a boy: during September 2011, when the boy was six years old, and again on July 10, 2013, when the boy had turned eight years old.
After the jury had returned its verdict, Campbell, who had been unrepresented by counsel throughout his trial, begged the court for mercy, claiming that he did not have a fair trial.
“Since the day I enter this court and see how everything was going, I knew I couldn’t get a fair trial,” he had said, adding that his family did not assist him with retaining a lawyer.
He had expressed that it was “very hard to know” that he had been convicted of something he did not do.
Responding to Campbell’s comments, Justice Simone Morris-Ramlall had said the court was not inclined to show him mercy, given that he had violated the boy in the “worst possible way”, and did not even show “one ounce of love” to him when he, Campbell, testified.
“It was as if you were talking to a stranger. This court must send a strong message to others who may want to carry out such acts,” the Judge had noted.
Justice Morris-Ramlall had sentenced Campbell to life imprisonment on each of the two counts; had ordered that the prison terms be served concurrently; and had ordered that Campbell becomes eligible for parole only after serving 30 years.
Then in August 2018, Campbell had appeared before Demerara High Court Judge Priya Sewnarine-Beharry to answer a charge of a similar offence.
That time, however, he had forgone his right to a trial and had pleaded guilty to sexually penetrating a five-year-old boy on April 16, 2013.
Justice Sewnarine-Beharry had similarly imposed a life sentence on him, and had ordered that he was not to be considered eligible for parole until after serving 30 years.
In sentencing the sex offender, the Judge had considered these aggravating factors: that Campbell had abused a position of trust, as he was left to take care of the young boy; and the physical, psychological, and emotional trauma the act must have had on the little boy.
The Judge had also considered the serious nature of the offence, but had stated that Campbell, with his early guilty plea, had saved the victim the trauma of having to come and testify. (G1)
