7 News Belize

Man Convicted Of Indecent Assault, Fined, But Not Confined
posted (May 3, 2013)
38 year-old John Baptist Sr., a Belize City resident who was convicted of incident assault against a 6 year-old female minor, got a major break from the Supreme Court today: the judge says he doesn't have to go to jail!

Baptist Sr. was charged with 1 count of carnal knowledge and three counts of aggravated assault of an indecent nature. The female, now 15 years-old, testified that sometime between 2003 and 2004, he raped her when she was 6. The minor testified that on three other occasions, Baptist took advantage of her mostly in the nights, when it was either dark, or there was a black out. According to her, he came to her room and touched her inappropriately.

After Crown Counsel Leroy Banner closed his case, Baptist presented his defense to the court. In his dock statement, he told the court that at the time of the alleged encounters, he wasn't anywhere near the house of the child spoke of.

On the day that Justice Gonzalez was supposed to sum up the case and send it to the jury, Baptist absconded, and he had to be detained by police to face the end of his trial. A jury of 9 deliberated, and when they returned they acquitted him of first count of indecent assault. On counts 2 and 3, they found him guilty. In relation to the charge of unlawful carnal knowledge, the jury was hung, and could not come to a verdict.

So, Baptist spent 10 days in prison until today when he made his mitigation plea. He was the only who spoke today and he begged the court for leniency because he has a sick mother and a common-law wife who he has to support.

Before he delivered the sentence, Justice Gonzalez said quote, "You should be ashamed of yourself. You came here showing no remorse and no consideration for the child. She has been wrecked for life." End Quote.

With that, he handed Baptist a fine of $5,000 for the first count, and $6,000 for the second count. For the first count, he has to pay $1,000 of that fine by the end of this month. He has to complete payments on both count by the end of January of next year, or he will face 3 years in jail.

Because he breached the conditions of his bail when he didn't show up to court, he was also ordered pay $5000 by January 31, 2014. If he doesn't pay, his surety will have to cover this final fine.

So, that's a total of $16,000, which he must pay, but the Director of Public Prosecutions is not accepting that sentence. According to her, for the 2 convictions sentences are too lenient, and as a result, she will be appealing the decision of the judge. In relation to the carnal knowledge charge which the jury couldn't decide on, he will be retried.

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