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RAPE accused Fazil Roy Hussain, who is alleged to have sexually violated his ex-lover, will know his fate on Friday when Justice Dawn Gregory will present the case to the jury. The 29-year-old accused in a sworn testimony, confessed to having consensual sex, but denied that he penetrated the anus of the alleged victim.
Husain faces two indictments of rape and buggery committed on a 27-year-old woman between April 27 – 28, 2009, at Liverpool Village, Corentyne.
Led by Defence Counsel Ms. Sasha Roberts, Hussain, who is now married, said that he was riding along the Manchester Village Public road when he saw the virtual complainant walking with a female.
“As I rode past, she called out to me. I stopped. We spoke as we walked along until we arrived at her sister’s home. The lady that was with her went inside the house and we remained on the roadway. She told me that she did not have sex in three months and that she wanted us to have sex at Liverpool Community Centre. We used to go there before we started living together.”
Hussain continued, “It was about 9- 9:30pm when she jumped on my bicycle. We got to the centre, mounted the stairs and went onto the stage. We undressed separately and placed our clothes on the floor before lying on it. I did not force her to have sex with me. She did not tell me to stop while we were having sex. I did not slap her, neither did I push her or tear her clothes nor did I have a cutlass. After we were finished,we put on our clothes. Whilst walking down from the centre, she asked me for a cigarette which she smoked.”
Hussain recounted that on April 28, 2009, he was informed that he was wanted by the police, and so he went to the Number 51 Police Station where he was subsequently placed on station bail .
However, during a confrontation, the accused said that he told the sleuths in the victim’s presence that he never raped her but that they had consensual sex.
Hussain further recalled that after living with the alleged victim for six months, he had planned to marry her, but changed his mind after he caught her repeatedly talking on the phone with a male, named Edward.
“Edward was the guy she was beating with a piece of wood when I first met her during Christmas 2006. I had pulled the boy away. And I started talking to her. In 2007, we commenced an intimate relationship. After I moved out of her house in December 2008, she subsequently left for Suriname, and I married someone else. It was on her return from Suriname that she said she did not have sex in three months and requested that we do so at the Liverpool Community Centre.”
But in his response to the state prosecutor, Hussain acknowledged that he had betrayed his wife when he consented to have sex with his ex-lover. However, he denied being aggressive but noted that it was the complainant who was on top of him during the sexual encounter.
He agreed that his mother had visited the home to take away his clothes, but denied it was at the urging of the complainant’s father.
Earlier, the alleged victim, led in her evidence by State Counsel Ms. Diana Kaulesar, said she was walking with her aunt when the accused approached her, armed with a cutlass.
“Roy (as she referred to the accused) came with a bicycle, he had a cutlass in his hand. He said he wanted to talk to me. I asked him if he ain’t got no manners. My aunt went inside. He squeezed my hand, pulled me on the bicycle and he rode to Liverpool Community Centre, where he told me that he wanted sex. I told him he has a wife. He tore off my clothes, pulled my pants down and had sex with me. It lasted five to 10 minutes. I tried to put on my underwear. He said he was not finished. He pushed me to the wall and placed his penis into my anus. I was crying. I left and went home. I told my sister what happened.”
The following day, the complainant recalled reporting the alleged incident to the police station, and was subsequently subjected to a medical examination by a doctor at the New Amsterdam Hospital.
According to her, during a confrontation, the accused told investigators, “whatever she say, is that.”
However, in response to questions by Attorney-at-law Sasha Roberts, the alleged victim said that although she lived with the accused for six months at Ulverston Village, she can’t recall having a fight with him.
“During that period, I never made any police report against him, neither am I aware that he was ever arrested for any offence. We had never agreed to get married, and I was aware that his mother had disagreed with the relationship. I left and I went to Suriname. I heard that he married someone else. I did not encourage the accused to leave his wife. I am afraid of the accused. I was not afraid of him on the night of the incident. I did not call him on that night, neither did I tell him that I did not have sex in three months. We did not have sex. He had sex. I did not ask the accused for a cigarette before he took me home. I walked home alone. I was not afraid. It was 01-01:30hrs.”
The complainant told the court that although she and her sister had a good relationship, the sibling did not take her immediately to the police station nor submit a statement to the police after the story was related to her.
However, she denied the attorney’s suggestion that her story was fabricated, and that she had threatened the accused by saying that he would not live in peace, and that he will rot in jail. The woman further denied that they had vaginal sex based on her suggestion.
Re-examined, the young woman disclosed that she was living with someone else at the time of the incident.
In response to the jury, the witness said that although the accused was armed with a cutlass, she did not go into her sister’s home as he had grabbed on to her hands.
Questioned by Justice Gregory, she could not recall how long after the incident she had returned from Suriname, but knew it was during the then Easter vacation.
Meanwhile, woman Detective Stacy Yearwood recalled that following a report of rape and buggery she visited the scene of the alleged crime, but found nothing of evidential value, nor did she garner any useful information.
However, she escorted the alleged victim to the New Amsterdam Hospital where she was medically examined by a female medical practitioner who issued a medical certificate on which was written, ‘No signs of violation’..
However, on April 29, 2009, the witness contacted the accused at Whim Police Station where he admitted having sex with the complainant but emphasised that it was agreed by both of them. However, he denied buggering her. He was subsequently charged.
Cross-examined by Roberts, the witness said the accused was seen at the Whim Police Station and as far as she knew no warrant was issued for his arrest.
“In my presence, the victim told the nurse of a scratch, and a bite on her face. Her vagina and anus were examined in my presence. I do not know how she came about the injuries to her face. The accused has maintained his story.”
The trial will continue with submissions by the state and defence.
Husain faces two indictments of rape and buggery committed on a 27-year-old woman between April 27 – 28, 2009, at Liverpool Village, Corentyne.
Led by Defence Counsel Ms. Sasha Roberts, Hussain, who is now married, said that he was riding along the Manchester Village Public road when he saw the virtual complainant walking with a female.
“As I rode past, she called out to me. I stopped. We spoke as we walked along until we arrived at her sister’s home. The lady that was with her went inside the house and we remained on the roadway. She told me that she did not have sex in three months and that she wanted us to have sex at Liverpool Community Centre. We used to go there before we started living together.”
Hussain continued, “It was about 9- 9:30pm when she jumped on my bicycle. We got to the centre, mounted the stairs and went onto the stage. We undressed separately and placed our clothes on the floor before lying on it. I did not force her to have sex with me. She did not tell me to stop while we were having sex. I did not slap her, neither did I push her or tear her clothes nor did I have a cutlass. After we were finished,we put on our clothes. Whilst walking down from the centre, she asked me for a cigarette which she smoked.”
Hussain recounted that on April 28, 2009, he was informed that he was wanted by the police, and so he went to the Number 51 Police Station where he was subsequently placed on station bail .
However, during a confrontation, the accused said that he told the sleuths in the victim’s presence that he never raped her but that they had consensual sex.
Hussain further recalled that after living with the alleged victim for six months, he had planned to marry her, but changed his mind after he caught her repeatedly talking on the phone with a male, named Edward.
“Edward was the guy she was beating with a piece of wood when I first met her during Christmas 2006. I had pulled the boy away. And I started talking to her. In 2007, we commenced an intimate relationship. After I moved out of her house in December 2008, she subsequently left for Suriname, and I married someone else. It was on her return from Suriname that she said she did not have sex in three months and requested that we do so at the Liverpool Community Centre.”
But in his response to the state prosecutor, Hussain acknowledged that he had betrayed his wife when he consented to have sex with his ex-lover. However, he denied being aggressive but noted that it was the complainant who was on top of him during the sexual encounter.
He agreed that his mother had visited the home to take away his clothes, but denied it was at the urging of the complainant’s father.
Earlier, the alleged victim, led in her evidence by State Counsel Ms. Diana Kaulesar, said she was walking with her aunt when the accused approached her, armed with a cutlass.
“Roy (as she referred to the accused) came with a bicycle, he had a cutlass in his hand. He said he wanted to talk to me. I asked him if he ain’t got no manners. My aunt went inside. He squeezed my hand, pulled me on the bicycle and he rode to Liverpool Community Centre, where he told me that he wanted sex. I told him he has a wife. He tore off my clothes, pulled my pants down and had sex with me. It lasted five to 10 minutes. I tried to put on my underwear. He said he was not finished. He pushed me to the wall and placed his penis into my anus. I was crying. I left and went home. I told my sister what happened.”
The following day, the complainant recalled reporting the alleged incident to the police station, and was subsequently subjected to a medical examination by a doctor at the New Amsterdam Hospital.
According to her, during a confrontation, the accused told investigators, “whatever she say, is that.”
However, in response to questions by Attorney-at-law Sasha Roberts, the alleged victim said that although she lived with the accused for six months at Ulverston Village, she can’t recall having a fight with him.
“During that period, I never made any police report against him, neither am I aware that he was ever arrested for any offence. We had never agreed to get married, and I was aware that his mother had disagreed with the relationship. I left and I went to Suriname. I heard that he married someone else. I did not encourage the accused to leave his wife. I am afraid of the accused. I was not afraid of him on the night of the incident. I did not call him on that night, neither did I tell him that I did not have sex in three months. We did not have sex. He had sex. I did not ask the accused for a cigarette before he took me home. I walked home alone. I was not afraid. It was 01-01:30hrs.”
The complainant told the court that although she and her sister had a good relationship, the sibling did not take her immediately to the police station nor submit a statement to the police after the story was related to her.
However, she denied the attorney’s suggestion that her story was fabricated, and that she had threatened the accused by saying that he would not live in peace, and that he will rot in jail. The woman further denied that they had vaginal sex based on her suggestion.
Re-examined, the young woman disclosed that she was living with someone else at the time of the incident.
In response to the jury, the witness said that although the accused was armed with a cutlass, she did not go into her sister’s home as he had grabbed on to her hands.
Questioned by Justice Gregory, she could not recall how long after the incident she had returned from Suriname, but knew it was during the then Easter vacation.
Meanwhile, woman Detective Stacy Yearwood recalled that following a report of rape and buggery she visited the scene of the alleged crime, but found nothing of evidential value, nor did she garner any useful information.
However, she escorted the alleged victim to the New Amsterdam Hospital where she was medically examined by a female medical practitioner who issued a medical certificate on which was written, ‘No signs of violation’..
However, on April 29, 2009, the witness contacted the accused at Whim Police Station where he admitted having sex with the complainant but emphasised that it was agreed by both of them. However, he denied buggering her. He was subsequently charged.
Cross-examined by Roberts, the witness said the accused was seen at the Whim Police Station and as far as she knew no warrant was issued for his arrest.
“In my presence, the victim told the nurse of a scratch, and a bite on her face. Her vagina and anus were examined in my presence. I do not know how she came about the injuries to her face. The accused has maintained his story.”
The trial will continue with submissions by the state and defence.
