Andre Penn appeal carded for January sitting
Penn’s lawyer had made an application for the appeal the same day – March 2, 2011 – when he was found guilty of having sexual intercourse with a girl under the age of 13, buggery and indecent assault. The virtual complainant (VC) was his guardian.
In a three-page letter to the Appeal Court, Penn outlined more than 10 reasons why he was appealing his conviction. According to him, he was deprived of the right to a fair trial as stated in the Virgin Islands Constitution Order of 2006.
He pointed to the fact that the wide spread adverse publicity about him and the charges against him before, during and after his trial, including the Internet, online media and blogs, were reported which was out of “context, skewed, unfavourable and misleading”.
Furthermore, the convicted man stated that the presiding Judge Indra Hariprashad-Charles should have recused herself from the trial since she participated in a public march in November 2010 for child abuse which was organised by some of the prosecution’s witnesses in his trial.
“This led or could have lead to the perception, and certainly led me to the feeling that my trial was not proceeding before and entirely unbiased tribunal,” an excerpt of the appeal stated.
He also blamed the selection process of the jury, which comprised of eight females and one male, which he believed leaned in favour of the Crown’s case. The former legislator also claimed that during jury selection the prosecution had more than five potential male jurors on standby before they were successful in acquiring nearly ‘an all’ female jury.
The Court of Appeal sitting concludes on January 20, 2012.
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