ECCA dismiss Kalunda Faustin’s appeal against conviction but removes ‘hard labour’ from his sentence

​The Eastern Caribbean Court of Appeal has dismissed prisoner Kalunda Faustin’s appeal, against conviction but varied the sentence to remove ‘hard labour’.
 
Kalunda Faustin appealed against his conviction before the High Court of Appeal on Monday 13 February 2017. The Court of Appeal is sitting in Dominica this week at the High Court of Justice in Roseau.
 
Faustin was sentenced to two years of hard labour at the Dominica State Prison for breaking & entering a dwelling house, and stealing a laptop.
 
He appealed on the grounds of “lack of evidence” in the prosecution’s case and “lack of disclosure”. He told the Justices of Appeal that he was not given a copy of the case.
 
Faustin reportedly admitted to breaking and entering into the dwelling house and stealing a laptop, and had explained to the owner of the house, how he had committed the act.
 
However, Faustin told the Justices of Appeal on Monday that his admission in the lower court was “beaten” out of him. He told the appeal court, “The admission that I gave in the magistrate’s court, My Lady, was beaten out of me. The police beat me. When I was arrested, and brought to the station, they beat me. They forced me to say it, your Honor”.
 
However, the Court of Appeal dismissed his appeal, and ruled that the evidence brought against him during the trial was overwhelming, that the prosecution’s case was strong, and they saw no reason to interfere with the ruling of the magistrate. Faustin’s is to serve the two-year sentence, but “hard labour” was excluded.