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A RETRIAL has been ordered for a taxi driver convicted in 2020 of the grievous sexual assault of a schoolgirl in 2007.
On Tuesday, Justices of Appeal Alice Yorke-Soo Hon, Gregory Smith and Malcolm Holdip quashed the conviction and nine-year prison term of Harphis Mohammed, also a truck driver, of Gasparillo.
In February 2020, Mohammed was convicted by a majority verdict and sentenced by Justice Carla Brown-Antoine in the San Fernando High Court for the alleged offence, which took place on December 12, 2007.
Along with the count of grievous sexual assault, Mohammed was also charged with kidnapping, but a retrial was ordered for that as the jury could not agree on a verdict. The State discontinued that charge in March 2020.
Before the appeal could be argued, the State conceded on two grounds that the judge allowed inadmissible evidence of a recent complaint at the trial, instead of excluding it or directing the jury to disregard it. Assistant DPP Nigel Pilgrim also admitted that the failure of the judge to give directions on how to treat discrepancies and inconsistencies was also detrimental to the case and could not be defended.
However, he asked for a retrial, which was not resisted by Mohammed’s lead attorney Rajiv Persad.
Soo Hon commended Pilgrim for his concessions and “high standard of honesty, saying the court expected nothing less of him.
In setting aside his conviction, the court acknowledged the delay in the system because of a backlog of criminal cases and ordered Mohammed’s matter sent back with a first date of hearing no later than June 30.
He was put on $50,000 bail, with his daughter standing as surety. He also has to report to the Gasparillo police station on Mondays and Fridays from 6-9am and surrender his passport and may not contact the alleged victim.
It was alleged that Mohammed picked up the girl and when she was alone in the taxi, started making sexual remarks about himself to her. He took her to Tropical Plaza in Marabella where he allegedly sexually assaulted her.
Also representing him were attorneys John Heath, Larry Boyer and Ajesh Sumessar.
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