The Court of Appeals denied an application Wednesday by Rohan Anthony Gidarisingh to vacate a 2017 criminal conviction for rape.
Mr. Gidarisingh, who is serving a 13-year sentence for raping a 23-year-old woman, had appealed on grounds that the police had not properly analyzed evidence.
He was represented by defense attorney John Furniss, and the defense contended that the Crown had not properly analyzed CCTV footage or DNA evidence on a knife that had been used in commission of the crime. Those failures, Mr. Furniss said, made a fair trial impossible.
Mr. Furniss said that the verdict was “perverse and against the weight of evidence,” adding that the judge had not properly cautioned the jury about Mr. Gidarisingh’s prior history of infidelity.
The court heard Wednesday that the rape had occurred in 2014 and did not come to trial until April 2017.
The justices of appeal found that the prosecution was justified in asking the defendant about his prior record of infidelity and bringing women to the hotel where the rape took place.
The justices of appeal found that the trial judge had properly instructed the jury of the defendant’s prior good character and that the appellant’s grounds for appeal were not justified.