Finding that his defence of alibi had not been put to the jury, the Court of Appeal has ordered that Sheldon Lynch be retried on two charges which allege that he had raped a 10-year-old girl on two separate occasions—in 2010 and 2011 respectively.
Delivering the ruling of the court yesterday afternoon, acting Chancellor Yonette Cummings-Edwards said that while the issue of alibi “clearly” arose, the trial judge failed to “adequately and fairly” direct the jury on it.
For the failing on that ground, the appellate court allowed Lynch’s appeal and ordered that he be retried at the next criminal sitting of the High Court.
