JUSTICE James Bovell Drakes has ordered investigating rank Corporal Rosanne Frank to have in her possession the Station Diary, along with the Occurrence Book, and any other literature which records the investigation of Steven Alert, who is indicted with carnal knowledge, when the trial continues on Tuesday.
The Judge made the order at the Berbice Assizes, after the accused denied that he had given the caution statement to the investigator on March 3, 2009. Instead, he said, it was given the previous day.
In her evidence in chief, Corporal Frank recalled that the man in the dock had opted to give a written statement, which he elected her to write at his dictation.
Alert is recorded as saying: “Officer, yesterday March 2, 2009 me and ‘Shorty’ was alone at home, and she made advances to me. She laid on the bed and pulled me upon her. I felt nice. I placed my penis into her vagina, and she started to cry and I stopped. She got up and went outside and reported to her Aunt Alexis, who in company with others came and quarreled and thereafter took me to the police station with ‘Shorty. ‘I am sorry for what happened.’
Cross-examined by the unrepresented accused, the witness said, she did not see him on March 2, 2009 and therefore could not say whether he was taken half-dressed to the Number 51 Police Station.
The accused suggested that what was written in the statement was not exactly what he had given, as there were additional words. However, the plain clothes officer rejected the suggestion and confessed that she wrote what was told to her.
In response to the jury, Corporal Frank said, that it was customary that statements can be taken days after the commissioning of a crime.
She posited that an evaluation was carried out to determine the literacy level of the accused, and that he had signed his statement.
Additionally, before the virtual complainant was taken to the hospital, the witness said she had asked where the accused was and was told that he was in the lock ups.
Responding to questions by the Judge, the accused who struggled to identify the underlined figures 2009-03-03, initially could not comprehend its meaning, but later stated it was a signature.
Corporal Frank, who was also addressed by the Judge, responded that she was the investigating rank, and would be surprised to learn that there was a confrontation between the accused and the complainant, as she was not at the station when the report was made.
Meanwhile, in her opening address, State Prosecutor Rhondel Weaver, said on March 2, 2009, the virtual complainant, then 14 years old, lived with her mother, brothers and sister at Number 35 Village, Corentyne, and Berbice.
The accused lived in the said community and had shared a common law relationship with a relative of the complainant.
On March 3, 2009, at about midday, the virtual complainant was doing home-work with her younger sibling when the latter was sent on an errand by the accused.
‘Alert, asked the complainant to get the pillow and sheet which was in one of their bedrooms, and as she was getting the items he followed her, placed his hand around her waist, threw her on the bed, raised her dress, pulled her underwear aside, pushed his penis into her vagina, and proceeded to have sexual intercourse with her for a few minutes.
The alleged victim was taken to the Number 51 Police Station, where a report was made, followed by a visit to the Skeldon Public Hospital where she was medically examined.
The State Counsel stated that the elements of the offence are that it was the accused who had sexual intercourse with the teenager, and that the complainant was under 15 years old.
She urged the jury to consider some key terms – in that this is an offence of carnal knowledge and not rape, and as such consent is irrelevant.
Additionally, the state’s case is that the complainant was 14 years, and under the law she is incapable of giving consent to sexual intercourse.
Similarly, Weaver noted that it was immaterial for the accused to know or not to know that the alleged victim was under 15 years when he had sexual intercourse with her on March 2, 2009.
Meanwhile, Alert has pleaded not guilty to the carnal knowledge indictment. Four witnesses are to testify during the trial. The case is continuing.