CoA Overturns Child Rapist’s Conviction, Orders Retrial

–Amid Prejudicial Evidence Concerns

December 23 2024 – The Court of Appeal has overturned the conviction and life sentence of Sheldon Lynch, a man in his 50s, who had been found guilty of raping an 11-year-old girl in August 2015.

The appellate court cited the admission of prejudicial evidence during his trial as the basis for its
decision and has ordered a retrial in the next session of the Demerara Criminal Assizes.

Lynch was convicted in July 2016 by a jury at the Demerara High Court and sentenced to life
imprisonment without parole.

Prosecutors alleged that Lynch engaged in sexual penetration with the child at his home in Region
One (Barima-Waini) and was caught in the act by the victim’s mother.

The crime was reported, leading to Lynch’s arrest and subsequent trial.

Through his attorney, Nigel Hughes, Lynch appealed the conviction, arguing that his trial was
fundamentally unfair.

Hughes pointed to the admission of evidence regarding prior sexual assault allegations against
Lynch—allegations for which he was neither charged nor on trial—as highly prejudicial.

The defence also contended that the trial judge’s references to similar convictions involving Lynch
introduced ‘character evidence’ which could have improperly influenced the jury.

Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, delivering the appellate court’s
decision on Friday last, agreed with the defence. She ruled that the trial judge’s instructions to the
jury failed to sufficiently mitigate the prejudicial impact of the evidence.

She emphasised that the evidence concerning Lynch’s alleged prior misconduct should not have
been admitted and deemed it inadmissible. Consequently, the appellate court overturned Lynch’s
conviction and sentence, ordering a retrial to ensure a fair judicial process.

Given the decision to overturn the conviction, the court found it unnecessary to address the
defence’s argument regarding the severity of Lynch’s sentence.

Attorney Hughes sought bail for Lynch pending the retrial, but the appellate court advised him to
submit the application to a judge in chamber.

The matter was heard by Chancellor Cummings-Edwards alongside Justices of Appeal Dawn Gregory-
Barnes and Rishi Persaud.

Assistant Director of Public Prosecutions Lisa Cave represented the State, while Hughes was
supported by attorneys Narissa Leander and Kiswana Jefford.

Notably, Lynch has faced previous child rape accusations.

In a separate case last year, he was acquitted by a jury during a retrial after earlier convictions and
two consecutive life sentences were similarly overturned by the Court of Appeal.

Lynch is currently serving three life terms for raping a 10-year-old girl on multiple occasions. The trial
judge had ordered that Lynch spend a minimum of 35 years on each conviction before being
paroled.

This decision is currently under appeal.