Judge overrules no-case submission in Devon Mc Farlene rape trial

…accused to call two witnesses in defence
By George Barclay
JUSTICE Roxanne George, presiding in the Devon Mc Farlene rape trial at the Demerara Assizes, yesterday overruled defence no-case submissions.
Defence lawyer Mr. Ronald Burch-Smith was expecting a decision in his favour, but accepted the ruling and opted to begin the defence today.
He said that apart from his client giving a statement from the dock, he hopes to call   two witnesses to support the not-guilty defence.
Through witnesses called by Senior State Counsel Mrs. Judith Gildharie-Mursalin and counsel Miss Retina Singh, the prosecution claimed that between January 11th 2009 and at about 00:40 hrs on January 12th, 2009, the 26-year-old security guard and mother of three was walking along the Bachelor’s Adventure public road, East Coast Demerara, when she was allegedly attacked and raped by the accused, who was armed with a long, rusty gun.
She testified that he took her to an unfinished concrete house, where he raped her; and during the sexual intercourse, she saw a gold ring on his marriage finger.
She added, “When the accused was finished, he told me to put on my clothes, and warned   that if he heard anything by morning, he would come back for me.”
The woman said that when she reached her home that night, she told her husband that she had been raped by Devon.
She reported the matter, and the police took her back to the scene, where she pointed out the unfinished house and also the accused, who was seen sitting on a nearby bridge.
When the hearing resumes this morning, Justice George, who delivered her ruling on the spot yesterday, will resume her activities on the Bench.
The accused will make a statement from the dock, and then call his witness to testify on his behalf.

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