Trinidadian John Bally (inset) had his conviction for rape and indecent assault quashed and sentence set aside when he appeared before the Court of Appeal on January 15, 2014. Photo: VINO/File

Bally was represented by Attorney Patrick Thompson and his appeal was heard by Justices Davidson Baptiste, Ola Mae Edwards and Gertel Thom.

The Court of Appeal (Baptiste, Edwards, Thom) allowed Mr. Bally’s appeal against conviction but ordered a retrial. The Court found that the learned trial judge improperly descended into the arena and cross-examined the Appellant after he had been cross examined by the Crown.

The effect of the trial judge’s cross examination of the Appellant was to invite the jurors to disbelieve the Appellant and prejudiced the safety of his conviction.

Additionally, the Court found that a Section 146 warning was also required in this case but that none was given. This was harmful to the safety of the Appellant’s conviction. For this reason they quashed the conviction and remitted the matter to the DPP to determine whether the Appellant is to be retried.

A Technician, Bally was found guilty of indecent assault and rape and sentenced to 10 years in prison by Justice Indra Hariprashad-Charles in December 2011.

The offences which involved a six year-old girl allegedly occurred in 2005 and 2007.

Bally had previously been living in the Virgin Islands for 15 years.

According to court records, the first act allegedly occurred sometime between June 14, 2005 and June 14, 2007 when the virtual complaint (VC), said to be between eight and nine years at the time was resting at Bally’s apartment.

The VC reportedly knew Bally, since he was renting an apartment belonging to her adoptive parents.

According to testimony from the VC, she was awaken by someone kissing her on the lips and realized it was the defendant, who subsequently proceeded to have sex with her.

As for the indecent assault, Bally had allegedly placed one of his hands on her private region while she was in a vehicle waiting for her parents. That incident allegedly happened between June 14, 2009 and April 28, 2010.

Bally was  one of two men freed on the same day for similar offences after having their cases heard before the Court of Appeal.