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Keno Williams Cleared of Child Sexual Assault Case; NO RETRIAL
Wilkie Arthur
Eagle Legal News Media
Turks and Caicos Islands – Wednesday, November 27, 2024 – Musical DJ Lopez Keno Williams, 40, has been fully exonerated by the Supreme Court after a motion filed by the Office of the Director of Public Prosecution (ODPP) on October 31, 2024.
Williams, who was previously convicted and sentenced to four years’ imprisonment, had his conviction overturned by the Court of Appeal on February 29, 2024. The retrial ordered by the appellate court was dismissed after the ODPP decided not to proceed.
Background of the Case
Keno Williams was convicted on January 17, 2023, of one count of assault by penetration under Section 4(1)(a) of the Sexual Offences Ordinance, Chapter 03.24. Following his conviction, Williams was sentenced to four years in prison.
His appeal attorney, Mr. Oliver Smith KC, filed four grounds of appeal. However, the Court of Appeal based its decision primarily on the first ground, which concerned the incomplete and inadequate trial transcript.
Grounds for Overturning the Conviction
The Court of Appeal noted significant deficiencies in the trial records, including missing portions of the judge’s summation and key
The appellate court observed:
“Sexual abuse of children plagues our societies. Cases involving such abuse are highly sensitive due to the vulnerability of complainants and the severe repercussions for the accused. The State must carefully balance the rights of all parties to ensure justice.”
Despite arguments by Senior Public Prosecutor Mrs. Nayasha Hatmin that incomplete transcripts are not always fatal to a case, the court determined that in this instance, the deficiencies amounted to a constitutional deprivation of Williams’ rights.
The appeal was allowed, the conviction and sentence were quashed, and a retrial was ordered. However, the court refrained from addressing the remaining grounds of appeal to avoid influencing any potential retrial.
Supreme Court Decision
On October 31, 2024, the ODPP announced its decision not to proceed with a retrial, effectively bringing the case to an end.
Williams Speaks Out
In an interview with Eagle Legal News, Williams expressed his relief:
“I was free on retrial bail since March this year after the Court of Appeal overturned my conviction and sentence. I’m so happy to finally be free with no case hanging over me.”
He added: “I’ve always maintained my innocence. Thank God it’s over. Restarting my life has been challenging because some people never let things go, but I’m determined to move forward.”
Conclusion
This case underscores the complexities of sexual assault prosecutions, particularly when procedural and evidentiary issues arise. It also highlights the importance of protecting the rights of both complainants and the accused to ensure justice is served.