A retrial has been ordered for 60-year-old Kevin Jordan after his conviction and 18-year sentence for rape was overturned this afternoon by the Court of Appeal in Kingston, Georgetown. On October 30, 2015, Jordan, whose last known address is High Street, Charlestown, Georgetown was found guilty by a jury of raping a seven-year-old boy. He was sentenced to imprisonment by Justice Dawn Gregory.
It is being alleged that he raped the boy on November 7, 2007 and on November 2, 2007 at Jordan’s High and Broad Streets business. Jordan then moved to the Court of Appeal where he challenged the sentence and conviction. His lawyer, Dexter Todd argued for the conviction and sentence to be set aside on the ground that the jury’s verdict was not given within the time frame prescribed in statute.
Todd argued that the jury had to deliberate for at least two hours, but in this case, only did so for one hour and 20 minutes. In the circumstances, Todd argued that this is a fundamental error as it is unclear whether the jury adequately deliberated on the evidence put to them. Senior State Prosecutor Stacy Goodings conceded with Todd’s argument.
The appeal was allowed, and Jordan’s conviction and sentence was set aside. His case was remitted to the High Court in Demerara for a new trial. In the meantime, he remains on $1M bail. Hearing this appeal were Chief Justice Roxane George, Justice of Appeal Rishi Persaud and additional Judge of the High Court Franklyn Holder.
