From the Courts
February 8, 2013

Lowman’s man acquitted of multiple counts of unlawful sexual intercourse

A Lowmans Leeward man walked out of the Family Court a free man on January 30, after a no-case submission by his lawyer saw him acquitted on multiple unlawful sexual intercourse charges.{{more}}

Originally, the man was slapped with over a 150 counts of rape, incest and carnal knowledge, but when the matters were called up for hearing, the prosecution proceeded on 18, at the Preliminary Inquiry.

Some of the charges related to him having sex with his 15-year-old daughter and the daughter of another family member who was 12 at the time.

He was made to answer 15 charges of improper sexual conduct against his daughter and three against the 12-year-old.

The offences occurred between April and July 2011.

Following the close of the prosecution’s case, Jomo Thomas submitted a no-case submission.

In his submission, Thomas brought to the court’s attention that the prosecution did not prove their case.

Thomas said it was from his client’s daughter’s statement that the charges were brought against him.

Thomas said when his client’s daughter testified, she stated that there were only three instances that she remembered the sexual acts taking place.

The other complainant only spoke of one instance that the act took place.

When Thomas asked the 12-year-old girl if she knew what sex was, she said no.

He also noted that neither girl could provide proper details regarding dates and the precise location where the alleged acts took place.

“The 15-year-old said it happened here, here and here and that she couldn’t remember anymore. Out of all these charges, she spoke of only three,” Thomas told SEARCHLIGHT.

“The court believed the submissions that the case wasn’t properly made out. This man having spent 19 months incarcerated; he went home yesterday…,” Thomas told SEARCHLIGHT on February 1.

The attorney added that it is always “easy to accuse”, but noted that is very difficult to “rebut” such an accusation.

When contacted, court prosecutor Nigel Butcher said the other charges are still pending and have not been thrown out.

Former temporary president of the court Rechanne Browne-Matthias presided.(KW)