victim refused to testify
KENNETH Gilbert, who is on trial for having carnal knowledge with a six-year-old girl whom, it is alleged, he also indecently assaulted, might get away with the greater charge. The girl who is 11 years old at present, told the court that she has no knowledge of what happened to her when she was six years old and, therefore, cannot give any evidence about the event.
But the mother of the girl had reported to the police that the accused was caught  red-handed,  with his pants down, masturbating over the girl who was lying down  at the time.
The prosecution is using that aspect of the evidence to support the charge of indecent assault.
And since defence counsel is objecting to a statement by the prosecution about the accused making a confession,  trial Judge Miss Roxanne  George, is conducting  a voir dire to determine the admissibility of the confession.
The defence is claiming that the statement was not obtained in accordance with the judges’ rules.
After ruling on the voir dire, the original jury trial will go ahead.
The prosecutors involved are Misses Konyo Sandiford and Prithima Kissoon. Mr. James Bond is the leading defence counsel.
The hearing continues today.