The Tribune

By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net THE Court of Appeal hearing of convicted paedophile Andre Birbal was delayed yesterday because defence counsel had not filed the written arguments concerning the appeal with the court. In yesterday's proceedings before appellate court Justices Anita Allen, Stanley John and Abdulai Conteh, the lawyer appointed to defend Birbal, Craig Butler, explained that the delay was a result of his chamber receiving the matter late last year. Mr Butler told the court that an employee who had met with Birbal on a few occasions during his incarceration no longer worked with his firm. He also admitted he had not had a chance to meet with his client until yesterday morning's hearing. Appellate court president Justice Allen did not accept the reason and said: "Mr Butler, this matter has been placed on the cause list since the 15th of January. How are you not ready." Justice Conteh then asked the attorney if he had received the trial transcripts? "That's all you need to file grounds of appeal or to amend," he said. After Mr Butler apologised to the court for not having the necessary documents in place. Justice Allen said the matter needed to be dealt with as soon as possible, as Birbal's appeal had been filed since last February. They asked the attorney if he was prepared to proceed on March 12. "Yes, my lord," he replied. Birbal was accused of having sexual intercourse with two former students. The incidents were alleged to have occurred between January 2002 to June 2007 with one boy, and from September 2002 to June 2005 with the second boy. On Wednesday, January 26, 2011, a jury of seven men and two women delivered guilty verdicts in six of the eight charges against the former art teacher. His sentencing was handed down six days later. Justice Allen yesterday told the attorney the court was not going to accept any further excuses in the future and informed Birbal his substantive appeal would be on March 12.