Judges deny five grounds of appeal of convicted rapist

Convicted rapist Pius Alvis had his five grounds of appeal against conviction and sentence denied by a three-judge panel at this week’s sitting of the Eastern Caribbean Court of Appeal.{{more}}

Alvis, of Byera, who was convicted in June 2011 of the rape of a 15-year-old girl, appealed on the grounds that the judge, in his summation, failed to put his case to the jury, that he was not given a chance to speak and that he did not get to put certain inconsistencies of his victim to the court.

He also appealed that the trial judge did not give directions to the jury on how to deal with the evidence of the doctor in his absence at the trial and also that his conviction is wrong in law due to the circumstances.

Alvis was on June 2, 2011 sentenced to 15 years imprisonment for rape and eight years for kidnapping the girl.

On December 18, 2008, Alvis kidnapped the 15-year-old girl while she was awaiting transportation to go to her home. He then took her to a beach and raped her.

Representing himself in the matter, Alvis said there were certain things that his victim said in the High Court trial that she never said at the Preliminary Inquiry.

“The judge ain’t been allowing me to ask questions. I been going tell the judge certain things and they cut me off…,”Alvis argued.

Crown Counsel Sejilla McDowall, who led the crown’s case at the trial, told the appeal judges that it was only when Alvis began making statements, instead of asking questions, that the judge interjected.

McDowall said he was even asked at one point if he had anymore questions to ask.

On the doctor’s evidence, McDowall told the court that the trial judge directed the jury to disregard the doctor’s evidence. McDowall further noted that none of the content of the doctor’s report was read and further stated that nothing was expressed regarding the doctor’s findings.

Alvis added that he was “set up” by the victim.

“Me never touch she. I dor touch she…” he said.

Alvis also argued that his remand time was never taken into consideration when he was sentenced for his crime.

However, counsel McDowall quickly rebutted his claim and informed the court that in fact, he was given consideration for time served.

Alvis was remanded from December 2008 and McDowall said the judge, in his sentence, took that time into account.

Appeal judge, Davidson Baptiste said he did not see any merit in any of the grounds that Alvis outlined in his appeal.

“All complaints you are making are not founded. The case against you was strong. It was a clear case. The evidence was overwhelming,” Baptiste said.

“The judge put the case to the jury clearly. There is no merit in your appeal of your conviction. I find no reason to upset conviction and I find no injustice in your sentence.”

Baptiste said, looking at the nature of the offence, the learned trial judge did not err in principle when he applied sentence.

Alvis is set for release on December 18, 2018.(KW)