Sex offender to appeal against sentence on the grounds of delays to trial – The Royal Gazette | Bermuda News, Business, Sports, Events, & Community

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Sex offender to appeal against sentence on the grounds of delays to trial

A man jailed for a series of sex offences against a young girl will appeal his conviction before the Court of Appeal next month.

Kenneth Williams, 47, was sentenced to three years in prison last year after he was convicted in Magistrates' Court of six counts of sexually touching a child under the age of 14 while in a position of trust.

He was also convicted of performing an indecent act in front of the child, intrusion on her privacy and showing her pornography.

The offences happened between June 2014 and January 2016.

Williams previously appealed his case to the Supreme Court on the grounds that repeated delays had breached his right to a fair trial.

The court heard the trial, which started on August 22, 2017, lasted a total of 21 months, and the case was called 50 times.

The Supreme Court, however, rejected his appeal and found the defence had been a major contributor to the delays.

The case is one of several scheduled to be heard by the Court of Appeal in its November sitting.

The court will also hear an appeal by the Crown to increase the 18-month sentence imposed on Chez Rogers for unlawful carnal knowledge of a 13-year-old girl.

Rogers, 20, was jailed on July 15 after he admitted he lured and had unlawful carnal knowledge with the child between August 1 and October 1 last year. He was 19 at the time.

Prosecutors in the Supreme Court had asked for a sentence of between three and four years and branded the 18-month sentence “manifestly inadequate”.

Omar Davy, convicted of drug smuggling, will appeal his 18-year sentence for the importation of 220 grams of heroin.

Davy, a 40-year-old Jamaican national, was arrested after he ran away from Customs officers at the airport in July 2018.

He claimed he had only committed the offence because he and his family were threatened by a Jamaican “don”, but was found guilty by a unanimous verdict.

The Court of Appeal is also scheduled to hear an appeal by a mother to set aside an order that struck out a case against the Department of Child and Family Services.

The mother launched legal action against the DCFS in 2018 over supervision orders and care orders for her son made between 2008 and 2010.

She had claimed that she had not at appealed the decisions earlier because she was not aware she could and asked for $250,000 as compensation for pain and suffering.

But the Supreme Court struck out the action last year because the statutory time limit for the claim had passed.

The Court of Appeal will also hear the case of Tawanna Wedderburn, the former chief executive of the Bermuda Health Council, who is fighting against the termination of her employment in December 2018.

She has claimed her firing was politically motivated – an allegation denied by the Ministry of Health – but the Supreme Court found the decision was not eligible for judicial review because it was not a matter of public law.

Ms Wedderburn has since launched an appeal against the decision not to grant her permission for a judicial review.