A 29-year-old man accused of raping his stepsister multiple times is freed of the charges.
On Monday (8 July) the woman took to the stand for the defence to continue their cross-examination but she had to stop before the questioning was completed.
Prosecutor Darlene Oko told Justice Roger Chapple the alleged victim was unable to complete the questioning, not because she didn’t want to but rather because she was not able to. She said during the trial witness gave evidence for several periods of time each day over multiple days, and despite the challenges, she attempted to complete the process.
However, she said, the toll the ordeal was now having on her made it impossible to complete. The court heard that since giving evidence the witness was having flashbacks and nightmares, forcing her to relive the alleged traumatic pass.
The woman alleged that she was first raped by her then 11-year-old stepbrother when she was 5-years-old. During the trial, via video evidence, the woman said she was raped multiple times by her stepbrother. She said when she was 11-years-old she was forced to have sex with three different men on the same night, one after the other. They were all thought to be in their twenties.
The prosecution relied on the woman’s testimony as its key evidence in the case; but in order for it to be relied upon, she had to complete the cross-examination process. But, because she did not finish the process the issue of whether the defendant could truly have a fair trial was raised. Ultimately the prosecution declined to carry the trial forward and Justice Chapple acceded to the application.
The defendant was on trial for four counts of rape, but when the trial was called off the trial Justice Chapple returned not guilty verdicts for all the charges.
Cayman 27, is not releasing the name of the man, in order to protect the identity of the woman.
Although the man was cleared of the charges he will remain in custody due to unrelated court proceedings.