JUSTICE Brassington Reynolds on Monday sentenced Dennis Evans, called ‘Die Die’, to 10 years imprisonment for engaging in a sexual activity with a child.

The crime was committed in 2010 and the prisoner, not wasting the court’s time, ‘threw in the towel’ and pleaded guilty to the offence.

Assistant Director of Public Prosecutions, Mrs. Judith Mursalin, referred to the evidence of the victim and her mother, who had shared a common-law relationship with the accused for seven years.

That witness said that in October 2010, the victim was ten years old and was attending primary school. However, after school hours she would attend private lessons in the same village.

On October 18, 2010, Evans, who worked as a cane harvester with the Guyana Sugar Corporation, left home at about 05:00hrs, presumably to go to work at Blairmont Estate.

However, at about 11:00hrs Evans returned home and he began abusing the witness, using a series of expletives. The witness told him she was fed up with his behaviour and she did not want him anymore. Evans became annoyed and responded by saying, “This time I would not burn down the house or hit you. I know what I will do.”

After he made that statement to the witness, he went away.

The witness said that later that day, sometime around 16:35hrs, when the victim left the private lessons place, fully dressed in her school uniform, she saw Evans on his bicycle at the street corner.

As she approached him, Evans asked whether she wanted to go to see her mother and the minor responded, “yes.” Evans told the victim that he was taking her to see her mother at Number 11 Back Street.

The trusting child joined Evans on his bicycle, and he rode through Middle Street, Bath and then to Number 12 Village and stopped by a clump of bushes close to the village burial ground.

Evans then covered the child’s eyes with both hands and threw her off the bicycle. She fell to the ground and began screaming for help. He told her if she continued screaming he would kill her, but she continued bawling anyway, even as he covered her mouth and nose with a hand, while using the other hand to pull off her underwear.

Evans then squeezed her neck, and inserted his finger into her vagina as the minor continued screaming. Her screams were heard by Kalawattie Hansraj who had gone to the burial ground to throw away garbage.
Hasraj, on reaching the weeping child, observed that she had marks on her face and that the accused had fled from the scene.

The child was taken to the Fort Wellington Police Station, where a report was made and the victim’s mother was contacted.

Woman Police Corporal Daniele Blair escorted the child to the Fort Wellington Cottage hospital where she was examined by a doctor who issued a medical certificate with his findings.
According to the medical certificate, the victim sustained abrasion to the right side of the face, as well as the anterior aspect of her neck. Her hymen was intact but she had abrasions and redness to her vagina.

Efforts to contact the accused that day were unsuccessful as he did not return home.

However, on November 11, 2010 at about 18:30hrs, Evans telephoned the victim’s mother requesting to talk with her.
He asked that she meet him at a Chinese restaurant at Armadale, West Coast Berbice. She agreed but informed the police of the impending meeting. After they met, they each had a Mackeson stout and during that period the police arrived and arrested him and, subsequently, instituted charges against him.

Meantime, Probation and Welfare Officer, Remesia Lewis, reported that Evans has denied his involvement in the court proceedings but admitted pleading guilty because he choked and slapped the virtual complainant, after his daughter had reported that the complainant had slapped her.

The probation officer’s report stated that Evans had obtained his education at primary school but was unable to complete the required level due to continuous financial difficulties encountered by his parents, Mary and Ernest Evans, now aged 71 and 77 years old respectively.

Lewis said he assisted his mother with vegetable and fruit vending but thereafter sought employment with the Guyana Sugar Corporation Blairmont Estate as a cane harvester.

Shortly after, he met and established a common-law relationship with Babita Basil which was later terminated. However, they had a child together, who is now 14 years old.

Information emanating from the community suggests that Basil suffered immense physical and verbal abuse by the accused prior to them migrating to Trinidad and Tobago and subsequent to their return.
However, because of domestic issues the accused left to cohabit with the victim’s mother.

The report said also that Evans made several appearances before the Fort Wellington Magistrate’s Court for various offences, including sexual activity with a child.

From reports, prosecution in this proceeding was discharged due to lack of a police witness. He was recharged, but investigators had to revisit the Child Protection Act. However, he was recharged with the current offence.

The probation officer noted too that investigations in the community described the accused as an abusive, violent and a dangerous individual.
Residents, she said, expressed comfort at his incarceration but fear at knowing that the accused was around.

Lewis noted that the accused has a history of criminal activities. He lured the virtual complainant to a place where he committed the act. In fact, he should have been the protector and guardian of the child but instead he violated her. He betrayed the trust that would have been placed in him by the child who has been scarred for life.

Children should be allowed to live normal lifestyles, with guidance, supervision and support of every adult member of the community and by extension the society. The accused has done otherwise and therefore it is felt that strong messages must be sent as reminders that children should be protected at all times in order for them to develop into well rounded individuals.

Meanwhile, on completion of the probation report the prosecutor immediately queried why information regarding the views of the virtual complainant, and the impact of the incident was not inserted in the report. In addition, the Senior State Counsel said she learnt that the victim was in the care of the Child Protection Agency for five years.
“…Not what the child said, but how life impacted on the child…”

Meanwhile, Defence Counsel Horatio Edmonson objected to the line of questioning by the prosecutor and asked whether she wanted to give the evidence.

However, during cross-examination, Edmondson harshly questioned the witness about her qualifications and experience before asking her whether the accused denied involvement in the court proceedings.
Lewis, who had given her fist report at the High Court, had seemed composed, but was taken aback by the line of questioning and stated that the accused did not deny his involvement in the court case.
In an attempt to soothe the wounds, Justice Reynolds, told the probation officer that it is not common for lawyers to question other officers so adeptly, as some probation officers who would have given evidence in the courts know what is expected and they would just ‘cut and paste’.

But your ‘baptism of fire’ is to let you know what is put here can be tested by the lawyers.

Pleading for Evans in mitigation, Defence Counsel Edmonson said, that while he joins with his colleague on the other side [prosecution], in considering the totality of the evidence, based on the statement, none was tested because of the Sexual Offences Act …”My client has accepted responsibility and would not allow the girl to go into the box….I ask that you exercise mercy …even though the accused has not expressed regret in the court …I know he is remorseful…..”

Addressing the prisoner, Justice Reynolds said, “Dennis Evans, I have listened to the facts by the State Prosecutrix, and have weighed those facts against the probation report, along with the plea in mitigation by your lawyer….You should know that your lawyer should have told you that the maximum for this offence is life imprisonment. But, you have quite sensibly not wasted the court’s time and have adopted a course by pleading guilty.
“……..the sentence of this court is that you serve ten years imprisonment.”
On a point of law, the Sexual Offences Act [Amended] Chapter 8:03 states that “penetration means any intrusion, however slight and for however short time, of any part of any person’s body or of any object into the vagina or anus of another person, and any contact however slight, and for however short time between the mouth of one person and the genitals or anus of another, including, but not limited to sexual intercourse, cunnilingus, fellatio, anal intercourse and female to female genital contact.”

By Jeune Bailey Vankeric