Mechanic, Odingo Emmanuel, called ‘Dingo’, has been sentenced to 38 years in prison for raping a woman he violently attacked back in 2018, after breaking into and concealing himself in her home.
Underscoring among other things the extent of his devious intent and degree of premeditation, Justice Priya Sewnarine-Beharry recalled from the evidence, the complainant’s cries to an undaunted Emmanuel, who relented only after the woman’s husband arrived home and rescued her.
Among the several other aggravating factors the Judge said were considered in arriving at the sentence—30 years of which she ordered must first be served before Emmanuel becomes eligible for parole—is the fact that he sexually penetrated the woman without protection—thereby exposing her to the risk of contracting associated infections.
In an impact statement, the court heard of the manifold effects from which the virtual complainant (VC) is still grappling because of the assault, as well as the “hurt and stigma” which she says she has to live with for the rest of her life.
According the statement read by Prosecutor Tiffini Lyken who said that the woman was ill and unable to attend yesterday’s sentencing hearing, she was particularly hurt at being violated by someone considered a close and trusted friend of both herself and now late husband.
The court heard, too, of the woman recalling the manner in which Emmanuel vilified and cast all manner of aspersions on her character, noting that she would never be able to forget the ordeal he caused her to endure.
In expressing her satisfaction for justice through his conviction, the woman according to the statement said for her own peace, she has forgiven Emmanuel whom she said knows exactly what he did to her while noting that he would now have to live with that, even though he denies it.
“You know what you did to me…we trusted you…but I have to move on, so I forgive you;” the statement quoted the woman as saying, while lamenting his lack of remorse.
When given a chance to address the Court, Emmanuel sought to enquire whether there had been any substantial evidence of him having sex with the woman.
Emmanuel’s story to the probation officer who read his report yesterday was that he and the VC were involved in a relationship, and because he broke it off, she became malicious and made the report against him.
This would, however, be another of the aggravating factors Justice Sewnarine-Beharry said she considered, having found that Emmanuel had only “conveniently” told that story which he never once raised during the trial.
His attorney Lachmi Dindayal in a mitigating plea begged the Judge to consider that his client had no previous brushes with the law and had cooperated with the police during their investigations.
In her address to the court, however, Lyken bemoaned Emmanuel’s adamancy of innocence in what she said was not only the face of the weight of the evidence against him, but the unanimous finding by the jury as well.
In underscoring his lack of remorse, the prosecutor recounted the violent manner in which the VC had been attacked and what were her futile efforts at crying and begging an undeterred Emmanuel to leave her alone.
So hard was the struggle Lyken said, that the woman scratched and scraped him with her fingernails—the evidence from which the prosecutor said were clearly visible after he was caught—and for which he could provide no sensible explanation to the police.
In imposing sentence, Justice Sewnarine-Beharry said that she had considered all the aggravating and mitigating factors which brought her to a total of 45 years. Therefrom, however, she made deductions for remission and also give credit for no antecedents.
After all the calculations, the Judge informed a visibly distressed Emmanuel that his sentence would be 38 years, five months but that he must first serve a minimum of 30 years before becoming eligible for parole.
On December 9th last, Emmanuel, now 48, was found guilty of sexually penetrating the then 36-year-old woman without her consent.
He raped the woman on August 11th, 2018 at Imbaimadai Landing, Region Seven.
His sentence had been deferred for a probation report.
The trial proceedings were held in-camera at the Sexual Offences Court of the High Court at Suddie.
This newspaper had previously reported that the VC returned home from a party and found her door open. After entering the house, she was attacked and raped by Emmanuel.
However, during the attack, her common-law husband returned home and rescued her.
Emmanuel reportedly escaped but he was arrested in 2019 and charged.
