Retrial ordered for Tobago man, 63, accused of raping stepson’s daughter following appeal by DPP, judges criticize previous dismissal.
A 63-year-old Tobago man faces a retrial for allegedly raping his stepson’s 15-year-old daughter, following a successful appeal by the Office of the Director of Public Prosecutions (DPP). His identity remains withheld due to his connection to the alleged victim and to prevent prejudicing his eventual retrial.
Appellate judges ordered the retrial, upholding the DPP’s appeal against the premature dismissal of the case by a High Court Judge. The judge’s initial decision, based on alleged inconsistencies in witness testimony, was deemed erroneous by the appellate panel.
Deputy DPP Sabrina Dougdeen-Jaglal argued that the inconsistencies were not crucial to the case and strongly supported the retrial, emphasizing the victim’s willingness to testify again. Conversely, Chief Public Defender Hasine Shaikh opposed the retrial, citing concerns about weak evidence, along with the defendant’s age and health.
The appellate panel disagreed with the original judge’s assessment, suggesting that despite minor flaws, the jury should be the body to determine guilt or innocence. The judges ordered the case to proceed to trial by April 30th and reinstated the defendant’s bail. The man is accused of attacking the teenager on July 9th, 2012, while she was staying at his home.
