Possible verdict today in indecent assault case

A forty-two-year-old man charged with indecent assault and unlawful sexual connection may learn his fate today.

Closing addresses will be delivered by both the prosecution and defense when the trial resumes at the High Court of Justice this morning. A seven woman, two man jury will consider whether the accused man is guilty of assaulting a 15-year-old.

According to the information disclosed during the trial, the incident occurred on March 21, 2009 at about 10:15 p.m. while the complainant was at a birthday party for the daughter of the accused man. The party was held upstairs while the alleged incident occurred downstairs.

According to witnesses who testified on behalf of the prosecution, the complainant reported that the incident occurred when she went to bring a container of food down to her aunt’s car. On her way back upstairs, the accused man allegedly led her to a dark area under the house and put his hand in her pants and his finger into her vagina.

The complainant had testified on Wednesday that the defendant asked her if she was up for a challenge before allegedly committing the act.  “I did not respond,” the complainant told the court.

“He then pushed me against the wall. Then he put his hand in my pants and his finger in my vagina. I then pulled away from him and told him to leave me alone. Then he told me if I wanted we could go somewhere else. I said no, and I went back upstairs,” she testified.

The doctor who examined the complainant following the incident told the court that the hymen was in place and there was no visible damage to the vagina.

The investigating officer WPC P. Dupigny stated yesterday under cross examination by defense lawyer David Bruney that the scene of the alleged incident had been tampered with.

She made the statement on Monday during a court visit to the alleged crime scene. She noted that during investigations, the complainant had pointed to a door which she had found hidden behind a lattice attached to a column when she visited the house.

Yesterday, Dupigny said that the column was now narrower and the lattice and the door had been removed. The lattice was found resting against a table on the floor.

Under cross examination, State Lawyer Wayne Norde asked the accused man whether he had paid for the “fresh” cement work where the alleged door was replaced at the scene of the crime. The accused said no.

“You know about that fresh construction job at [owner of the house’s name] house? Did you pay for it? You know where the door is now?”

The accused answered no to all questions.

Norde also had the opportunity to ask the owner of the building who insisted that the cement work was done last June, the same time he took the lattice out.

Meanwhile, the accused man maintained his innocence in the matter. He said that the entire situation was a story which was “made up” against him. He admitted that he was drinking on the night in question, but told the court that he was not drunk or ‘tipsy’.

He said that he had gone downstairs four times to smoke four cigarettes at different times at the party and never met the complainant downstairs. He said that each trip downstairs took about four minutes.

The accused said that he had no problem whatsoever with the complainant and her family and noted that they were a well-respected family.

Two other witnesses presented evidence for the defense case. One of the accused man’s female friends testified that she was on the verandah upstairs for most of the night with the accused and a few friends. The witness said that she never saw the accused man go downstairs while she was at the party from about eight p.m.

The other witness, also a longtime friend of the accused who was present at the party, said that he had stayed on the verandah for the majority of the night since he had parked his vehicle which was obstructing any vehicle leaving the yard and he knew he would be called upon to move at some point.

He said that remained in that position for at least one hour and a half. According to him, at about 10 p.m. he saw the complainant downstairs with a tray in her hand.

“I immediately looked down because my vehicle obstructed the vehicle that she placed the tray into…she returned upstairs in the space of two minutes… Shortly after she (complainant) exited with her aunt and two younger children…,” the witness testified.

Dominica News Online will continue provide updates on this trial as soon as they become available.

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16 Comments

  1. Watching
    February 11, 2010

    The family of both the Complainant and the accused are hurting. No one is the winner in this unfortunate matter. While such acts are not to be condoned, let us leave justice to the justice system and stop the verbal attacks and insults. Some of us are too self righteous. We remember, Mayor Spitzer of New York. “He who has no sin, let him cast the first stone”.

  2. Verdict
    February 9, 2010

    Justice served. He did get jail time. Yeah… It was high time.

  3. Young Man in Dominica
    February 9, 2010

    awah anybody dat say they should jail de man rediculas i am not saying he did not do it or he did it but fact is fact their is not enough evidence to jail this man

  4. February 9, 2010

    a few months now i find i hearing alot of cases like that what’s going on d/ca there nuh .woman them man caya find so .stupesssss well he go get he’s bread and butter up stocky is now he not gonna see woman LOL.

  5. Fairplay
    February 9, 2010

    Innocent until proven guilty.

  6. Dominican lover
    February 9, 2010

    He do it self. send him to jail.

  7. mypeople
    February 9, 2010

    well boy if you are guilty you will go to stockie and i wish it will be for a long long time sick mad man,the lord be with you nasty

  8. WOW
    February 9, 2010

    Is about time an example is made of one of these men. It is becoming too frequent to read about men molesting these young children. It is sick and something has to be done. Mothers stop being naive and leaving your young girls around these perverts. You cannot even trust uncle, brother, husband or even priest around your children again. Parents take back control and guard your chidren because these things have long term emotional effects. What is Dominica coming to?

  9. Observer
    February 9, 2010

    I am patiently awaiting this verdict. I want to see what types of laws dca has for these types of crime.

  10. February 9, 2010

    Guilty! Send him to jail and throw away the keys! Pervert! He has disgraced his family. I don’t think there was any consideration for his wife and especially his daughter who are friends with the complainant. I can only imagine the impact this is having on the daughter’s life especially that is in the public’s domain.

  11. Verdict
    February 9, 2010

    I can hardly wait to hear this man’s fate. He needs to go to jail for 10years.

  12. Vex with Them
    February 9, 2010

    Give him at least 5 years.

  13. island gyal
    February 9, 2010

    I cant wait for them to find him guilty…at least then we will know who he is….

  14. G
    February 9, 2010

    i agree with observer….

  15. Commentor
    February 9, 2010

    hmmmmm. ……………..interesting to note that there are different testimonies by the defendant and his witnesses. Also why the fresh work at the house? Cover up? The jury will decide, but the complainaint would not simply make up a story like this out of the blue…

  16. Observer
    February 9, 2010

    I do hope that they throw the books at that pervert and make an example of him. Let us see what Dominica say in this one.

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