CoA shortens sentences of men in elderly woman murder case

The Court of Appeal (CoA) has significantly reduced the prison sentences of two men previously convicted of murdering 56-year-old Colleen Forrester.
Forrester’s decomposed body was discovered in a septic tank at his home on William Street, Campbellville, Georgetown, in early 2008.

The men, Forrester’s nephew Anthony Hope and Ralph Tyndall, faced lengthy prison sentences following their conviction for the brutal crime in 2015.

Hope was initially sentenced to 62 years in prison, while Tyndall was sentenced to 55 years. The hearing, presided over by Judge Roxane George, SC (now Chief Justice), ruled that Hope would be eligible for parole after serving 40 years, while Tyndall would be eligible for parole after serving 25 years.
The third defendant, Kevin O’Neil, was acquitted after the trial judge approved his lawyer’s statement not to prosecute.

After their convictions, Hope and Tyndall appealed their sentences and jury verdicts, citing the trial judge’s bias in favor of the prosecution; inadequacies in presenting their defense to the jury by the judge; misdirection regarding the law of circumstantial evidence and their convictions being against the weight of the evidence.

They also argued that the sentences imposed were clearly excessive and punitive and did not take into account their potential for rehabilitation.
In a unanimous decision last Wednesday, Judicial Chancellor (ag) Justice Yonette Cummings-Edwards said the Court of Appeal found no merit in the men’s arguments against their convictions and therefore dismissed that aspect of their appeal.

“Given all the grounds presented by counsel, we do not see any merit in the grounds of appeal, other than the ground of appeal on the issue of sentence,” Cummings-Edwards said. He said a properly directed jury would have convicted the appellants based on all admissible evidence presented at their trial.

However, their objections regarding the length of the sentences were allowed. The court emphasized the importance of aligning sentences with rules set by the Trinidad-based Caribbean Court of Justice (CCJ), the country’s highest court.
In resentencing the convicts, the appeals court took into account several factors, including the purposes of sentencing, such as retribution, deterrence, and rehabilitation.
As a result, Hope’s sentence was reduced to 37 years and Tyndall’s to 32 years; Both men were given credit for time served in pretrial detention.

On parole eligibility, the court noted the need for consistency in sentencing practices, citing the standards set by the CCJ in Small and Gopaul v. Director of Public Prosecutions for Guyana.

In this criminal appeal the CCJ allowed Jarvis Small’s appeal and partially granted Bibi Gopaul’s appeal against the sentence imposed by the Court of Appeal.

His appeal against the conviction was rejected. Gopaul was convicted by a jury in 2010 for the gruesome murder of his 16-year-old daughter, Neesa Gopaul.

The district court commuted the original 102-year sentence to a 30-year sentence with no parole eligibility prior to the expiration of the 15-year term and taking into account time spent in pretrial detention.
During the trial, evidence revealed that Hope and Tyndall brutally beat Forrester, then wrapped his body in sheets and dumped it in the septic tank.

The medical examination concluded that Forrester died of subdural hemorrhage due to blunt head trauma and additional pressure to the neck.
The prosecution relied on circumstantial evidence and the testimony of witnesses, including his grandson, who testified about finding the house locked and observing bloodstains.

In addition to the Chancellor, Judges of Appeal Dawn Gregory-Barnes and Rishi Persaud also heard the case. Hope was represented by attorney Melvin Duke, while attorneys Ronald Daniels and Melvin Duke appeared on Tyndall’s behalf. The State’s interests were defended by Deputy Director of Public Prosecutions Diana Kaulesar-O’Brien.