2 minute read
Violent rapist Steeve Santana’s appeal ...
9am and 10am when the woman was home alone with her brother’s infant. She fed the appellant some food, after which he retired to a bedroom in the house to sleep. At about 12noon the woman went to wake him, telling him it was time for him to leave, as he had indicated earlier that he had a 12 o’clock appointment.
According to the court document, he replied, “well you ain’t send me yet” and proceeded to attack the woman, holding onto her hands, and shaking her. A fight ensued and the attacker held the woman around her neck and began to beat her. Wrestling her to the nearby bed, he then proceeded to rape her. under the pretext that he was teaching (him) personal hygiene.”
The complainant reportedly told the court that after the heinous act, Santana told her that he took what he wanted.
A report was made to police, a medical examination conducted and the violent rapist was arrested.
77-year-old church leader was found guilty of indecent assault and given an 18-month suspended sentence for two years and made the subject of a Sexual Harm Prevention Order.
Williams’ attorneys – who also represented him at trial – appealed the conviction submitting that two questions which were put to the appellant during cross-examination by prosecuting counsel were improper.
They argued that the trial judge erred in failing to safeguard William's right to a fair trial by refusing to sanction the Crown counsel’s use of material that was undisclosed and should not have been put in cross-examination, by not discharging the jury or at the very least telling the jury to disregard the questions as they should not have been suggested and as there was no evidence to support them.
They also submitted that Justice Lobban-Jackson also failed to warn the jury about the questions in her summing-up.
Court documents state that Williams admitted that the encounter occurred but alleged that the bathroom incident was a total fabrication.
The appellate court said the only other relevant matter (aside from improper questions) was that the complainant was a Paranoid Schizophrenic.
Improper Questions
Following a seven-member jury trial, on February 24, 2022, the
The first question, prosecuting counsel put to the appellant was that he and his wife had been estranged for 20 years. Williams’ lawyer submitted that was untrue and not predicated on any disclosure relating to antecedents.
The second question prosecuting counsel asked was: "Weren't you thrown out of your house by your wife for allegations of sexual abuse of other male -- men?
Williams answered: “Definitely not.”
An objection to the line of questioning was raised by his attorney, with him calling for the jury to be discharged.
Instead, the judge directed the jury to disregard the question as it did not logically follow the Crown’s case.
Another improper question was directed at defence witness Pastor Carol Skippings.
The appellate court states that the issue of whether improper questions can undermine the fairness of a trial was central to the appeal.
Conviction Quashed
Williams’ appeal was allowed, his conviction quashed, sentence discharged, and a retrial was ordered by the Court of Appeal.
The justices said they were satisfied that the questions were improper and sufficient to warrant the discharge of the jury, especially as in Williams’ trial a lot turned on his credibility.
They said the directions and summation of the trial judge did not cure the prejudice Williams suffered and in all the circumstances he did not have a fair trial.
Williams’s counsel had also strongly urged the court that having regard to his age, 77, his resignation from all duties within the church, and his possible ill health, that there should be no retrial.
However, the appellate justices stated that the interest of justice is best served by the order for a retrial.
“It was borne in mind that at trial, counsel for the appellant admitted that the jury should be discharged, and a new trial ordered. The appellant’s ability to present his defence ought not to be impacted by the passage of time,” they stated.