Convicted rapist wins in High Court

Hall of Justice, Knox Street, Port of Spain. - File photo

FOR the second time in just over two years, a convicted rapist has secured a favourable ruling from the Court of Appeal.

The appellate court on November 13, upheld the appeal of Orlando Ambrose, also called Orlando Alexis, against convictions and sentences imposed following three plea bargaining agreements. The court also provided crucial clarification on how plea agreements should be treated under the law.

Justices Prakash Moosai, Gillian Lucky and Vasheist Kokaram unanimously ruled that trial judge, Justice Kathy Ann Waterman-Latchoo, erred in law by deviating from the starting points, agreed upon in the plea agreements, entered between the state and the defence.

The matter arose after three plea agreements were filed on July 30, 2024, relating to offences committed by Ambrose in 2008, 2011, and 2013. The agreements, accepted by the High Court on August 22, 2024, specified sentencing starting points jointly agreed upon by both sides.

However, on September 19, 2024, Justice Waterman-Latchoo imposed sentences that added eight years to the agreed-upon starting points.

The Court of Appeal found that under Section 25 of the Criminal Procedure (Plea Discussion and Plea Agreement) Act, 2017, a judge has no authority to vary the terms of an accepted plea agreement. The court ruled that the law provides only for the acceptance or rejection of such agreements, not its modification.

Agreeing with the joint submissions of Ambrose’s attorneys and the state, the panel set aside the convictions and sentences and remitted the matters to the High Court to be reassigned to a new judge for resentencing on an expedited basis.

The panel also announced that a written judgment will follow its oral decision, and that the ruling should be transmitted to the High Court bench to guide future plea agreement proceedings.

This latest ruling follows a prior Court of Appeal victory by Ambrose in October 2023, when the court upheld his appeal and issued guidance on the maximum sentence indication (MSI) procedure for criminal matters.

Ambrose was represented by Chief Public Defender Hasine Shaikh, SC, deputy Chief Public Defender Trevor Clarke, and Michael Modeste of the Public Defenders’ Department, while special prosecutor Wayne Rajbansie appeared for the state.

The Appeal Court had been tasked to determine its powers in relation to an appeal against a sentence when an MSI had been given by a sentencing judge.

The issue was the first of its kind involving an appeal of a sentence based on an MSI.