CoA to rule on former pastor’s child rape conviction

The Court of Appeal of Guyana has reserved its decision in an appeal lodged by former Pastor Andrew Hannibal, who is currently serving a 40-year jail sentence for raping an underage girl.
Hannibal was found guilty as charged by a jury in 2018 for raping a 15-year-old girl between January 29, 2016, and January 31, 2016, in the county of Berbice.

High Court Judge Sandil Kissoon imposed the custodial sentence on Hannibal, ordering that he must serve 30 years before becoming eligible for parole.
Shortly after he was convicted, Hannibal, however, mounted an appeal against his conviction and sentence, contending that, among other things, there were discrepancies in the prosecution’s case, that the trial Judge failed to adequately direct the jury, and that the jail term imposed on him was manifestly excessive and not in keeping with established sentencing guidelines.
The appeal hearing was presided over by acting Chancellor of the Judiciary Justice Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory-Barnes and Rishi Persaud.
In relation to his conviction, Hannibal’s lawyers, Murseline Bacchus, SC, and Arudranauth Gossai, main ground of appeal was the fact that Justice Kissoon referred to the virtual complainant as a “victim” on no less than 20 occasions in his summing up. Having referred to her as that, Bacchus argued that the Judge conveyed to the jury that “she was in fact a victim of rape.”
In dealing with the issue of sentencing, Gossai referenced the ruling of the Caribbean Court of Justice (CCJ) in Linton Pompey v the Director of Public Prosecutions, a case of a sexual offence from Guyana, in which the apex court used a starting point of 15 years. Pompey was convicted of sexual assault and two counts of rape committed against a 14-year-old girl.
In Calvin Ramcharran v the Director of Public Prosecutions, a case of another sexual offence from Guyana, counsel said that the CCJ used a starting point of 15 years as well. Ramcharran, on the other hand, was found guilty of raping and assaulting a woman so as to cause her bodily harm.
Gossai, in his submissions, urged the local appellate court to follow the guidelines given by the country’s court of last resort in the aforementioned cases, in re-sentencing his client.
Gossai submitted: “We say further that because [Hannibal] does not have any previous antecedents, unlike Pompey’s case where there were aggravating circumstances, and Calvin Ramcharran also, where there was an offence of rape and assault occasioning actual bodily harm.
In this instant case, there are no factors that may encourage this court to add any additional years to the starting point that was suggested by the CCJ…”

“Position of trust”
Interjecting, Chancellor Cummings-Edwards and Justice Gregory-Barnes questioned Gossai on the “position of trust” factor given Hannibal’s standing in society, he was a religious leader. But Gossai said that this was taken into account by the CCJ in arriving at the 15-year starting point.
For her part, Senior State Counsel Natasha Backer contended, “The trial Judge referring to the virtual complainant as a victim in the summing up…. That may not have been the most sensitive choice of words in all the circumstances… [I] submit that in this case, like all others, of course, the summing up has to be taken as a whole and it would not be proper to simply zone in on the use of that word by the trial Judge while ignoring the overall context of the summing up…”
The State prosecutor submitted that the general directions given by the Judge to the jury were sufficient to cure him referring to her as a victim instead of a complainant.
She urged the Court of Appeal not to move from the starting point of 15 years since each case must be taken on its own facts. To this, she said more years can be added for aggravating factors.
Backer argued, “Though there was the issue of trust in Pompey and there is a large issue of position of trust in this case…the two, though similar but not identical, you have to look at the facts and the position of trust he [Hannibal] was in. He was the pastor and next-door neighbour of the child. Not only did he hold a position of trust in relation to her but he would have held it for the entire community given that he was a pastor…”

Community lost confidence
In reacting to the jury’s verdict, Hannibal had said, “Your Honour [Justice Kissoon] and members of the jury, I never knew this day would come. When I would have found myself in such a situation and have to experience such a decision. As a community leader and a pastor for over 29 years, never did I thought this day would come.  I am very sorry; it is very painful. I know the community has lost its confidence in the church because of the expectations of me. All I ask for is leniency, so I can serve the time and resume back to society as a brand-new man.”
During the trial, it was revealed that the victim’s sibling awoke one day and discovered that she was not in bed. When she was found, the teen would later confess that she was with Hannibal.
Certain information disclosed by her led to a report being lodged at the Blairmont Police Station and a medical examination being done on her which proved that she had genital injuries. It was reported that Hannibal is the founder of a church at Rosignol, West Coast Berbice (WCB).