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A DIEGO Martin man was acquitted of a series of charges of indecent and grievous sexual assault of his stepdaughter.
In a written verdict on Monday, Justice Sherene Murray-Bailey found the man not guilty on four counts of a six-count indictment, while the State – at the close of the prosecution’s case – conceded there was no evidence to support the other two counts.
The State alleged the acts took place between 2008-2012, beginning when the girl was six and right up to the age of 12.
It was alleged that while the girl was at the man’s home, by way of a court order for access on weekends and school vacations, the incidents took place.
The man was expected to go on trial before a jury on June 1. However, on that day, he opted to have a judge-only trial.
The trial proceeded before Murray-Bailey in the Port of Spain High Courts and the State called three witnesses, including the virtual complainant who fell ill while giving evidence in court. An ambulance had to be called to take her for treatment after she suffered two seizures.
Murray-Bailey considered if she should recuse herself or abort the trial, holding that there would be no prejudice to the accused by her continuing the trial.
She also said she showed no sympathy to either the accused or the alleged victim as a result of the latter falling ill during testimony.
In his defence, the man, who testified during the trial, maintained that the allegations were fabricated and while the girl did visit his home during the various school holidays, he did not indecently assault her or commit acts of grievous sexual assault.
He insisted the acts, for which he was charged and indicted, never happened.
In assessing the evidence, the judge said credibility was “front and centre” in the matter and while memories will fade with time, there were several inconsistencies in the State’s evidence that raised more questions than answers.
The man was represented by attorneys Larry Williams and Toni Roberts while the State was represented by special prosecutor Evans Welch and Sally Ann Dubar-Burgess.
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