By Alric Lindsay
Today, September 9, 2024, DJ Renato Harris put forward several grounds of appeal against his rape conviction where he received 16 ½ years sentence in 2023. The appeal was heard before The Rt Hon Sir John Goldring, The Rt Hon Sir Michael Birt, and The Hon Clare Montgomery KC in the Court of Appeal. After reviewing all arguments, the Court of Appeal dismissed Harris’ appeal on all grounds.
Background
Based on the case facts, Harris was at O-Bar on the evening of July 13, 2018.
While he was leaving O-Bar, a female medical student reportedly “grabbed his arm and invited him back into the bar.”
The female medical student, who had three drinks (including two shots of tequila) at another bar before arriving at O-Bar, reportedly had two large drinks of Hennessy at O-Bar. At this point, “she went from being tipsy to incredibly drunk.”
Harris and the female medical student left the bar, sat in his car and kissed for a while.
According to the female medical student, there was a conversation about going to Hell in West Bay at some point because she had never been.
At some point, instead of going to Hell, they both got into Harris’ car and drove in the opposite direction of Hell, towards George Town.
However, the female medical student did not recall the journey.
What she did recall was going up the stairs of Harris’ house and blacked out after that.
Her evidence was that she blacked out, and it was when she woke in the morning that she realised she was wet between her legs and Harris was lying naked next to her.
Reportedly, when she asked Harris to take her home, “he forcibly raped her in the morning by holding her down by her arms, pinning her to the bed with both of his hands and penetrating her.”
Harris maintained that the sex was consensual.
The female medical student reported the incident to her friends and ex-boyfriend on July 14, 2018. She eventually made a report to the police on October 26, 2018.
Harris was interviewed on December 3 2018, and admitted to having sex with the female medical student but denied that he raped her.
Harris was found guilty in 2022 and sentenced in 2023 to two counts of rape, 16 ½ years for each count, running concurrently.
Harris’ Appeal
Harris appealed the rape convictions on the following grounds:
Ground 1
Soley on count 1, the learned judge failed to consider, within her written judgement, that Harris may have had a belief that the complainant was consenting to sexual intercourse.
Also on Count 1 alone, the learned judge failed to properly direct herself on the issue of drunken consent. She failed to differentiate between the issues of memory blackout by virtue of intoxication with a physical blackout through drink leading to an inability to consent.
Ground 2
As to all counts, the court factored in evidence which was wholly prejudicial to Harris. The court erred in relying on the evidence of the pregnancy to bolster the complainant’s credibility and allegation of rape by Harris.
Ground 3
Due to the delay in reporting the matter and further the delays occasioned by the police in their failure to progress an investigation, Harris was deprived of pertinent evidence in his case that prejudiced him in his presentation of his defence and prevented a fair trial.
Ground 4
The judge considered the evidence of a recent complaint. It should not have been considered as such and should not have formed part of the evidence.
Court of Appeal’s decision
After hearing and reading arguments as to the grounds, the Court of Appeal dismissed Harris’ appeal on all grounds.
