28 year-old Artie Myers, a resident of Gales Point Manatee who was in jail serving 12 years for a carnal knowledge conviction, is at home tonight. That's after the Court of Appeal handed down a significant ruling in his favor. His conviction was quashed, his sentenced was set aside, a retrial was ordered, and he was granted bail.
Myers was convicted on March 21 of last year in the Belmopan Supreme Court, in a trial conducted by Justice Antoinette Moore. He was accused of having sexual intercourse with a 12 year-old girl in Punta Gorda Town on November 6, 2012.
In that criminal trial back in March, Myers was unrepresented. The complainant, who was 13 years-old at the time, took the stand and told the court at that time that the statement she gave to police accusing Myers was a total and complete lie. The prosecutor on the case treated her as a hostile witness, and her original witness statement was admitted into evidence. At the end of the trial, the jury found him guilty, and Justice Moore sentenced him to 12 years.
For this particular appeal today, he was represented by attorney Hubert Elrington, who told the Appeal Court Panel of Judge that Justice Moore failed to give the jury special directions as to the written statement from the complainant, given the fact that the child tried to recant her accusations.
After consideration, the panel, headed by President Justice Manuel Sosa, set aside the conviction and sentence, and ordered a retrial. The court also granted him bail of $8,000.
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