THE 12-member mixed jury at the Berbice Assizes, last Friday, returned an unanimous verdict of not guilty on both counts of rape and buggery, freeing Fazil Roy Hussain, who was indicted for having sexually violated his ex-lover.
The jurors created history in recent times by reaching their decision after deliberating for just under 30 minutes.
After telling Hussain he can go, Justice Dawn Gregory, who would be presiding in another jurisdiction from next week, thanked the panel for their time, while noting that they decided the case on how they saw it.
Earlier in his trial, the 29-year-old Hussain, who had opted to give sworn testimony from the witness box, admitted that the vaginal sex with the virtual complainant was consensual but denied that he penetrated her anus as alleged.
However, his ex-lover of six months had claimed that he was armed with a cutlass when he forcibly took her to the Liverpool Community Centre, Corentyne, where he had penetrative vaginal and anal intercourse.
NO SIGNS
A medical certificate, which was admitted as an exhibit, did not support the complainant’s allegation as the doctor found there were no signs of violation.
Hussain and the complainant had commenced being intimate in 2008 and it blossomed into a common law relationship for six months. Then, after some domestic disagreements, he moved out of her home and she went to Suriname. Three months later, she returned to her home village and was informed that Hussain had married.
The indictment had said it was between April 27 and 28, 2009, that Hussain committed the offences on the now 26-year-old woman.
State Counsel Diana Koulasar prosecuted while Defence Counsel was Sasha Roberts.