Court frees Kingston man accused of rape

A Kingston man who was accused of the rape of his teen cousin seven years ago was freed today in the High Court after the matter was dismissed for lack of prosecution.

The defendant, who was 17 at the time of the alleged rape, was charged with raping a 16-year-old schoolgirl.

The charge arose after the girl's mother took her for a medical examination and found out that she was not a virgin and she accused the defendant of raping her.

The defendant has maintained his innocence, claiming that he is still a virgin.

Today, when the matter was called up for trial, the Crown sought a further adjournment in an effort to locate the complainant, who had repeatedly failed to attend court.

However, the man’s lawyer, D'ondre Buchanan, opposed the application, highlighting that his client had consistently attended court over the years in anticipation of his trial while the prosecution continued to experience difficulties securing the attendance of its witness.

In support of his submissions, Buchanan relied on comments previously made by Justice Leighton Pusey that “justice must proceed with purposeful urgency having regard to the rights of not only the accuser but also the accused, and that with the passage of time the very essence of justice begins to unravel.”

He argued that the matter had been outstanding for an extended period and that further delay would be unfair to his client.

After reviewing the history of the case and hearing evidence from the police officer assigned to the matter, Justice Ann-Marie Lawrence Granger agreed with the defence submissions and entered a formal verdict of not guilty.

According to the allegations, in April 2019, on the day in question, the complainant left home for school but did not return to her grandmother’s residence, having decided to stay at a friend’s home without permission.

The following day, the complainant’s mother collected her from school and took her for a medical examination, where it was reportedly observed that she was no longer a virgin.

When confronted by her mother, the complainant reported that the defendant had raped her and he was subsequently arrested and charged.

- Tanesha Mundle

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