Holding his head in disbelief, police constable Jason Andre Callender listened as a nine-member jury found him guilty of the rape and serious indecency of a 16-year-old girl.
Before he was led out of the courtroom in handcuffs, the judge cautioned him that he will not escape a custodial sentence.
Justice Christopher Birch said the sentence would be subject to the guidelines set out by the Caribbean Court of Justice, the findings of his probation report and any mitigation points made by his defence lawyer.
Prior to the verdict, the judge proceeded to sum up the case at 9:15 a.m. after which the jury made their way to the deliberation room. The verdict came just after 2 p.m. today.
Just as the jury exited the No. 5A Supreme Court, Senior Crown Counsel Oliver Thomas objected to Callender’s bail and asked that he be remanded into custody.
However, defence lawyer Samuel Legay, who appeared with counsel Darwin Edwards, highlighted part of the law as he made arguments for his client to continue bail.
He spoke of persons, who were found guilty, being allowed to continue their bail until they were sentenced. Legay also drew attention to the fact that a pre-sentencing report would have to be prepared in the interim.
“Over the years the accused man has been reporting to court on every occasion that he was required to report. Again, it is no fault of his…because of the slowness and the time that this matter has now graced this court. I believe, given the track record of the now convicted man it is fitting that he be allowed to remain on bail until we get the pre-sentencing report and we can proceed from there. I do not believe that it is without this court’s discretion to do that,” Legay submitted.
Additionally, Legay said his client never sought to evade coming to the courts in respect of the matter.
However, his application was denied and Callender was remanded to HMP Dodds.
The charges against Callender, 37, of 6th Avenue, Durant’s Village, St James included having sexual intercourse with a 16-year-old girl between June 1 and October 7, 2010 without her consent and committing an act of serious indecency against her between October 6 and 7, 2010.
The prosecution brought a number of witnesses including the complainant, her school friend, her grandmother and a medical doctor.
The complainant said she was raped multiple times by Callender. The girl said she moved in with her sister (Callender’s girlfriend at the time) and Callender after trouble at home with her mother.
She recalled being fondled and massaged by the accused while her sister was still at the house. However, when the sister moved out and asked her to stay until she came back for her, she said she was raped “over and over”. The teen said she remained in the house because she felt she had nowhere to go.
The prosecution argued that Callender groomed and took advantage of the girl.
Thomas said in his closing address that Callender “was in control of her mind, body and soul”.
“She was in a position of vulnerability. She had no place to live; she was kicked out by her mother. This is a young person that was vulnerable, in need of assistance, so she turned to her sister who was staying with the accused at the time and asked her for lodging. This is not a young girl that was looking for a man,” he charged.
Callender, in his evidence, said he witnessed the treatment being meted out to the girl by her mother and suggested she move in. He said he was the one helping maintain the teen by providing money for necessities and assisting with finding her employment. It was her, he claimed, that made advances toward him and then following an argument, threatened to “destroy him”.
