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Crown wraps up its case in sex trial

with a serious sexual assault against a 29-year-old woman.Testifying for the second day Detective Sergeant Craig Morfitt yesterday continued to read from Police statements given by the two defendants --

with a serious sexual assault against a 29-year-old woman.

Testifying for the second day Detective Sergeant Craig Morfitt yesterday continued to read from Police statements given by the two defendants -- who were 19 and 17-years-old at the time and cannot be identified for legal reasons.

The charges stem from a December 11, 1994 incident where the woman -- who also cannot be identified -- alleges she was raped by the two men after she called out to them and asked for a lift home. The woman earlier told the five-woman, seven-man jury she had been out drinking and was unable to hire a cab to drive her to Hamilton.

She testified she initially felt comfortable with the two men who drove her, helmetless, through Paget Parish via backroads and the Railway Trail to the equestrian centre on Vesey Street, Devonshire.

The Court then heard how the accused led the woman up a steep path to a horse paddock and with one man holding his hand over her mouth, was sexually assaulted by the second.

In statements read in open court by Det. Sgt. Morfitt, the accused told Police they believed the woman was leading them on.

"She was talking horny-like... like she was 50-50 if she wanted it or not,'' one of the men later told Police.

Det. Sgt. Morfitt recounted how the accused individually accompanied Police investigators along the route from the bus stop opposite the Elbow Beach Club east on South Road and then along the Railway Trail to end up eventually at the horse paddock in Devonshire.

Photographic evidence shows the accused pointing out where the assault took place.

Under cross examination by Defence Counsel Mark Pettingill, Det. Sgt. Morfitt said he had reservations about the complainant's the first statement and so drew up a list of questions that needed clarification.

Of those said Mr. Pettingill, were the questions on everyone's mind: "Why was she still prepared to go with these guys, despite the sexual advances? Why could she not recall the route; was she too drunk? And why did she accompany the men up the path to the horse paddock?'' Det. Sgt. Morfitt agreed these issues were not adequately addressed in the complainant's initial statement to Police the morning of the alleged offence.

"There was some concern with her first statement. I felt it did not contain sufficient detail for the serious allegations that had been made. But that is not really unusual,'' he added.

Mr. Pettingill continued however to drive away, suggesting to Det. Sgt.

Morfitt he had "a number of concerns about this serious sexual assault.'' "No sir,'' replied Det. Sgt. Morfitt. "I had a number of questions about it.'' Archie Warner, acting for the co-accused, picked up the theme in his cross examination suggesting Det. Sgt. Morfitt had doubts about the complainant's version of events.

"No, that's not true,'' he replied.

The Crown concluded its case with the testimony of Detective Constable Robert Pratt, who told the court he and P.c. Paul Hitchins were on duty the night of December 11 1994 when at 5:25 a.m. they were dispatched to the Old Elliott School Building on Parson's Lane.

When they arrived they found the complainant in a back room being comforted by a friend.

"She appeared to be very stressed and upset... her clothes were very rumpled, especially her blouse which appeared to be pulled down at the front exposing one of her breasts... her eyes were moist as if she had been recently crying.

"I saw a thin cut on (her) upper lip and could smell what I thought was liquor on (her) breath, but she was speaking very clearly -- although she was upset and seemed to be in control of her senses,'' he testified.

Det. Const. Pratt said the woman took them to the horse paddock on Vesey Street and led them up the path to where the assault took place. Following that she was taken to the emergency department at King Edward VII Memorial Hospital.

Defence counsel declined to cross examine the witness, with Mr. Archie Warner intimating Det. Const. Pratt had been coached by Crown Counsel Charlene Scott.

The trial -- midway into its tenth day -- then broke up for further legal arguments. Puisne Judge Vincent Meerabux instructed the jury to return at 11 a.m. today.