Teacher convicted of sexual assault files appeal

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A private school teacher, who was last month sentenced to three years imprisonment and fined $1 million after he was found guilty of engaging in sexual activity with a minor, has moved to the Court of Appeal seeking to have his conviction and sentence overturned.

On November 26, Wazir Khan was convicted and sentenced by City Magistrate, Leron Daly for the offence, which read that, on March 9, 2019, he engaged in sexual activity with a child under the age of 16 and abusing a position of trust. The case was tried in-camera.

According to the facts of the case, on the day in question, Khan braced his penis towards the minor’s vagina and squeezed her buttocks. The matter was reported, and Khan was arrested.

Khan’s attorney, Dexter Todd, cited several grounds for the appeal and noted that the learned Magistrate erred in law.  He argued that the Magistrate showed unconstrained human emotions with the victim’s evidence, which created an unfair trial for Khan.

Todd also contended that the Magistrate erred in law when she considered that there was a “strong suspicion” that Khan may have committed the offence.

“This suspicion could not justify upholding a conviction in all the circumstances of the present case,” the defense attorney argued in his appeal. Todd further noted that his client was wrongfully convicted for the offence; he requested an early hearing if the case.

Todd also approached the High Court seeking bail for Khan pending his appeal hearing; this comes up for hearing on December 18, 2020.

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