By George Barclay

A DEMERARA Assizes jury on Monday found 52-year-old Intocol Santool not guilty of rape, based on his defence that he was having fun with a friendly neighbour.The West Bank Demerara businessman was involved in a sexual act with a regular partner, whose husband returned home earlier than usual and caught his wife in the act. The wife yelled, “I was raped!” and the police did the rest with a story built by the virtual complainant.

But while the VC told the police and her husband that she had never seen the alleged rapist before November 25, 2009, a well-known neighbour told the jury about seeing the party together on several occasions.

The VC said her husband was at work and she was alone at home, washing dishes on November 25, 2009, when Intocol Santool raped her.

She said she had tried to fight off the man, who was attired in a vest, but he was able to overpower her; and succeeded in penetrating her vagina before her husband, whom she had called when she had seen the man riding in the area on a motor bike, turned up in time to see the intruder in the house.

The VC said the accused attacked her husband with a hatchet, but her husband said he was not hurt. The intruder was able to escape.

When apprehended by the police, Santool gave the impression that he and the woman were friendly and had had sex about seven times in the past.

Detective Corporal Noris Harry told Justice Jo-Ann Barlow and the jury that, in 2009, he was attached to the La Grange Police Station, West Bank Demerara. He contacted the accused, who was in custody at the La Grange Police Station, cautioned him and told him of his rights.

Witness said that, immediately after, the accused said to him: “Me and she had an affair. About six to seven times we had sex. That day the husband came and catch she; I did not rape she.”

The VC said she had heard the foot-steps of her husband entering the house. She said the accused collected her hatchet and went towards her husband, but, according to her, the husband was not hurt.

Senior Counsel Bernard De Santos, defending the accused, did not call any witness but elected to address the jury, whose members he urged to find that the alleged victim was a liar and that his client, who was found having an affair with the woman with her consent, should be found not guilty.

State Counsel Ms Shonette Austin and Mr Siand Dhurjon prosecuted, while Justice Jo-Ann Barlow presided over the case.