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Wrongly Convicted Database Record
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Charge: |
Child Sexual Assault and Indecent Assault |
Sentence: |
10 years |
Years Imprisoned: |
2.25 |
Year Crime: |
2007 |
Year Convicted: |
2011 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Virgin Islands (British) |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"John Bally was wrongly convicted in November 2011 of indecent assault against a girl under the age of 13 in the British Virgin Islands sometime between 2005 and 2007. There was no physical or forensic evidence Bally touched the girl's genitalia or raped her, so the prosecution relied on the testimony of the alleged victim. On January 15, 2014 the Eastern Caribbean Supreme Court of Appeal overturned Bully's conviction on the basis the trial judge, High Court Justice Indra Hariprashad-Charles, failed to give a specific warning to the jury about the unreliability of child witnesses as mandated by Section 146 of the Evidence Act. Bally was released on bail in February 2014 after his writ of habeas corpus was granted because the prosecution delayed initiating his retrial. Bally's retrial began on May 26, 2014, and he was acquitted on June 2, 2014." |
Conviction Caused By: |
The trial judge failed to give a specific warning to the jury about the unreliability of child witnesses as mandated by Section 146 of the Evidence Act. |
Innocence Proved By: |
"On January 15, 2014 the Eastern Caribbean Supreme Court of Appeal overturned Bully's conviction on the basis the trial judge, High Court Justice Indra Hariprashad-Charles, failed to give a specific warning to the jury about the unreliability of child witnesses as mandated by Section 146 of the Evidence Act. Bally was acquitted on June 2, 2014 after his retrial." |
Defendant Aided By: |
Defence attorney Patrick Thompson. |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"Sex-crime convictions overturned, By Eric Voorhis (staff), The BVI Beacon, January 20, 2014" |
Information Location 1: |
http://www.bvibeacon.com/2/index.php?option=com_content&view=article&id=4439:sex-crime-convictions-overturned |
Information Source 2: |
"John Bally v The Queen, Eastern Carribean Supreme Court of Appeal, Crim. App. No. 7 of 2011], 1-15-14" |
Information Location 2: |
http://www.eccourts.org/wp-content/files_mf/tortolajanuarysitting55.pdf |
Information Source 3: |
"Bally found not guilty of raping young girl, By Ken Silva (Staff writer), The BVI Beacon (British Virgin Islands), June 2, 2014" |
Information Location 3: |
http://www.bvibeacon.com/1/index.php/news-articles-2/1631-may-29-2014/local-news-may-29-2014/5102-bally-found-not-guilty-of-raping-young-girl |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org