An application for dismissal in the case against a man accused of sexual intercourse with a minor has been denied.

Judge Indra Hariprashad-Charles denied the application and told the defendant’s lawyer, Stephen Daniels, that the Virtual Complainant (VC) must have her day in court.

The trial was expected to commence today, but Senior Crown Counsel Christilyn Benjamin told the judge that the Office of the Director of Public Prosecutions had encountered difficulties in getting the medical witnesses to testify this week in court. She explained that their evidence is crucial to the prosecution’s case.

Meanwhile, Daniels pointed to the fact that he had received late notice of the commencement of the case, but had taken up the challenge to assist with the flow of cases during the assizes.

“It’s quite unfortunate that the office of the DPP has mediocre excuses... first yesterday, now today. They have many lawyers. I am alone,” Daniels said.

While understanding Daniels’ frustration, Judge Hariprashad-Charles stressed that she could not dismiss the case.

 “If I dismiss it, what about the young lady who is here to give her testimony? I have to balance that scale...and there is a young lady with the hope that her matter will be dealt with...In the interest of justice I cannot dismiss the case.”

The Prosecution is alleging that between April and June 2008 a Guyanese man had sex with the minor at his home in Bell Vue. The Virtual Complainant (VC) was 15-years-old at the time, while the accused was 30. 

Court records reveal that the defendant gave the VC his telephone number and the two corresponded via text messaging. Sometime during the dates mentioned above, the accused invited the VC to his home where he proceeded to kiss, fondle and then have sex with her.

Afterwards, he gave her something to wipe herself off and advised her to drink a glass of water when she returned home.

The deed came to light in November 2008 when the VC was taken to the hospital to be examined for an infection and it was revealed that she was eight months pregnant.

The matter will be heard during the February 2010 assizes.

advertisement