Minibus driver carnal knowledge trial begins

FORMER Chief Magistrate, Mr. Paul Fung-A-Fat, now defending accused minibus driver Rayan Khan called ‘Mickie’ on a charge of having carnal knowledge with a 13-year-old girl, yesterday began his cross-examination. At the beginning of the trial, the accused who pleaded not guilty, was conducting his own defence but at the closure of the prosecution’s case he was able to retain a lawyer who, through the courtesy of the court, has been granted permission to cross-examine the prosecution witnesses.
The prosecution, conducted by Misses Teshana James and Rhondel Weaver, had instituted a case alleging that the accused had taken the 13-year-old schoolgirl  to his home at Soesdyke on the Linden Highway, where he allegedly committed the offence.
Defence Counsel Fung-A-Fat, in his cross-examination, was able to get principal investigator Corporal Robert Henry to admit that he acted solely on the statement of the victim, without seeking to have her story tested by an independent witness.
Henry said the girl had pointed out to a house and told him something but she did not tell him the lot number of the house.
In answer to further questions, Corporal Henry said:  “At no time did I have a confrontation between the 13-year old girl and the accused.
“When I put the allegation to the accused about his having sex with the girl, he denied”, witness said.
Henry said, too, that he was unable to get any witness who had seen the girl go to the particular house which she had identified to him.
Neither did he have any forensic or video surveillance on her going to the accused home at Soesdyke on that day.
Witness also admitted that he did not cause any doctor to examine the accused to see whether there was any bruise on his person or anything of evidential value.
Witness also said that he could not recall whether the accused had told him that he was in Trinidad at the time of the alleged offence.
Another witness, Constable Claudia Watson, who was cross-examined testified that she had taken the girl to a doctor on June 10, 2008. She was present when the doctor examined the child. She did not see blood or any bruise around the vagina but she saw something white – but did not know what it was.
According to her, she had taken the girl to the doctor one month after the alleged incident.

Fung-A-Fat told the judge, Justice Dawn Gregory that because he did not wish that questions he wanted to ask the mother, to reach the daughter, he is requesting that they both be cross-examined on Friday.
The judge granted the request and the hearing was adjourned to Friday.

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