(DNO) The prosecution and defence have both presented their cases in a matter involving a stepfather who has been accused of having sex with his under-aged stepdaughter at the High Court of Justice yesterday.
This morning, final submissions and addresses and a possible verdict will be heard on the matter before Justice Birnie Stephenson-Brooks.
The stepfather pleaded not guilty to the charges of unlawful sexual intercourse with a girl under 14 years and indecent assault and maintained his innocence even though all witnesses, including his own, testified knowing of his alleged intercourse with his stepdaughter.
This incident allegedly occurred between December 1-31, 2008.
According to the first prosecution’s witness – a doctor who examined the complainant following the report – there were several hymeneal destruction or tears in the opening of the girl’s vagina. The doctor testified that penis penetration was one of the more likely causes of the child’s hymen being ruptured.
The complainant, who took the stand yesterday, testified that her stepfather had had sex with her in a one-bedroom house that she, her mother and he lived.
“My step father told me to take out my clothes and he tell me to lie on the bed. He took off my panty. He came on me. He put his penis in my vagina and it was very painful… He was moving up and down when his penis was in my vagina… He did not stay long and he let go a white milky liquid on my vagina… He told me to put back on my clothes… I did not tell anyone because I was afraid,” the complainant testified.
According to the complainant, her stepfather had threatened to kill her if she told anyone about the alleged abuse.
However, in an un-sworn statement from the dock, the accused man said that he did not know anything about the accusations. He claimed that the whole issue came as a result of a family feud between he and his wife’s son.
“As far as I know, I don’t know nothing about that case… The two other brothers were drinking their rum… They shout at her and tell her (the complainant) show (the police where the alleged sex took place) because if is not that they will beat her…” the accused man said to the court.
“When they go with me (daughter’s name) started to cry and say let my daddy go, let my daddy go cause my daddy doe do anything with me…” the accused man said in his un-sworn statement.
Lone witness for the defence – the accused man’s wife – first denied knowing of any sexual relations between her daughter and her husband, but said under cross-examination by state lawyer Wayne Norde that there was one instance when she had returned home and seen her daughter pulling up her panty through the room window.
When she asked her (the complainant) what had happened, her daughter said that her stepfather had sex with her. Her daughter had refused to go to visit the health center at that time.
According to the complainant’s mother, this incident occurred sometime in July 2008.
She informed the court that her daughter had been subsequently transferred by the Welfare Division to a home in Canefield some time following the December incident but is now living with her.
The mother referred to the complainant – her last daughter – as her queen. “This is my last daughter. This is my queen,” she told the court.
According to the testimony of the complainant’s brother, who had first made a report to the police on the matter, he had witnessed the complainant admit to police that her stepfather had sex with her in her stepfather’s presence.
The investigating officer testified that on January 14 2009, he had confronted the mother on the allegations and she had replied by stating that if she had known that anything was happening between her daughter and husband she would know. She denied knowing about any sexual relations with her daughter.
The investigating officer said under cross examination that when asked the first time about the accusations at the place of the incident of January 14 last year, the complaint had said no four times. When her mother asked the question in the presence of the police and accused the complainant had said “no” four times also.
She later admitted to her stepfather having sex with her.
Lawyer Peter Alleyne represents the accused.