Cop cleared of sex charge
A policeman charged of sex assault against a colleague was cleared yesterday after Acting Senior Magistrate Carlisle Greaves said no court could convict him.
He ruled that the defendant had no case to answer after listing a string of inconsistencies from the alleged victim who said she had suffered six sexual assaults between June 12 and November 30, 2000. However the charge was over one case of sexual assault at her Southampton home which the defendant remembered in vivid detail, according to Mr. Greaves, noting she could not remember which month it happened.
Mr. Greaves said she was a trained police officer yet she had not taken a note about the incident and had got rid of vital DNA evidence by washing her dress. He said: "This is a woman with five and a half year's experience who testified that she assisted in the investigation of sexual matters. She knew the ropes. Would not even Monica Lewinsky have kept the dress?"
Referring to the other incidents he said: "Why would a woman who has been assaulted once go back for a second, a third, and a fourth and fifth and a sixth?"
He noted that the complainant had even gone to the officer's house when his wife was absent.
Mr. Greaves noted that the complainant had left her boyfriend's house late at night to go alone to the defendant's house to pick up an air conditioner, the same house at which she said he had attacked her the day before.
"Would she not expect the same or worse in the night?"
He said the complainant had concocted a story after her boyfriend became suspicious about the time she was taking.
He said: "The defendant was delivered on the slab to be slaughtered to satisfy the mystery."
Some of the alleged assaults were physically impossible, said Mr. Greaves who wondered how the officer could have knelt and performed a sex act on her without her consent.
Summarising the defence's case on this aspect he said: "It is impossible for a man to do that unless he possesses the tongue of Godzilla. It can't happen unless her legs separate from each other. Ask any woman?
"Could she not have stepped back. What prevented her from doing that? I say this is not a mistake or confusion."
He also scorned her suggestion that a similar thing had happened while she was sitting down.
Mr. Greaves said even the prosecutor had been mystified about the woman's evidence that the officer had climaxed while being in a flaccid state.
He said the complainant had shown that she was consenting to the acts. "He was as patient as Job and she was as cunning as Delilah.
"I say in law if the circumstances show reasonable grounds for believing that she was consenting (even by teasing), even if she is saying not. That's a good defence."
Mr. Greaves said the complainant had used the defendant to drop her where she wanted to go, waited for her to pick up her son, took her to airlines, exercised with her, made sure she got home safely and gave her uncertified leave.
The defendant, who cannot be named for legal reasons, was seen dabbing his eyes with a hankerchief after the verdict.
His lawyer Richard Hector denied that the trial had been a waste of public money.
But he added: "Having heard all the evidence in this case I think the Director of Public Prosecutions should try his best to look at matters carefully before deciding to prosecute."
He said as a minister of justice the DPP had a duty to see justice is done and not just proceed because a complaint has been made.
Prosecutor Wayne Caines said the DPP would review the file before deciding whether to appeal.
Director of Public Prosecutions Khamisi Tokunbo could not be reached for comment.