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Man acquitted of sex assault

A 30-year-old walked away from the Supreme Court a free man yesterday after he was acquitted of committing a serious sexual assault in December 2001.

The man, who cannot be named for legal reasons, was found not guilty by the nine-man, three-woman jury by a count of ten to two. They reached their verdict after almost two hours of deliberations.

During the week-long trial, Acting Assistant Justice Archibald Warner heard how the man met his alleged victim at the Club 40 night in question.

The 41-year-old year Devonshire woman told the court that after she left the club with a female friend, the man met up with them near the Cenotaph and flagged down a taxi for them. All three of them travelled in the taxi to the woman's home, she said.

According to the woman, shortly after she entered her home, the man appeared at her door unannounced. While she admitted that she did not ask him to leave, the woman said she was trying to figure out a way to get the man out of her house.

She then said after the two had a conversation, he indicated to her that she expected him to have sex with her. The woman said after she refused his advances, he punched her several times about the face, causing her bruising and swelling.

She also told Mr. Justice Warner that the man then put a knife to her throat and threatened to kill her.

She said he later put on a condom and had sex with her without her permission, although she said she did not put up a struggle. The next day she had emergency surgery on her fractured jaw.

The man, who maintained his innocence throughout the trial, denied the allegations.

When he took the stand last week, he said the woman invited him to her home while they were dancing together at the Front Street club. Once they got to her home via taxi, the man testified he waited until the driver pulled over before he crossed the street so that the woman's co-worker would not see him.

According to him, the woman then motioned for him to enter her home. They proceeded to kiss and subsequently had oral sex in her sun room before they had consensual sex in her bed, he said. He told Mr. Warner the mood between them deteriorated when the woman tried to get him to have anal sex with her. He admitted that he slapped her several times but was adamant that he did not pull a knife on her.

As he summed up the evidence for the jury yesterday morning, Mr. Justice Warner asked them to weigh all of the evidence presented to them carefully and not to be biased because the man had previous convictions involving violence: "There is no doubt this is an offence involving violence. But you cannot say because he has convictions for violence that he is automatically guilty."

When the jury delivered their verdict, the man let out a sigh of relief and was told to leave the dock.

While defence lawyer Elizabeth Christopher said she was pleased with the jury's decision, the man's mother - who attended every day of the trial - said she was confident that her son was going to be acquitted.

"I am very happy. I have to put God first because I am a true believer and I know within a shadow of a doubt that he was innocent. I just sat there in confidence," she said.