In one of the most bizarre cases to happen in Seychelles, this week Judge Karunakran convicted and then sentenced a man to undergo 12 years imprisonment for two counts of sexual assaults. The case is bizarre because the police officer involved, one Frederick Pierre, impersonated a doctor and conned a woman into removing all her clothes to undergo a medical examination at her home. The man then used a candle, which the woman’s father normally use for praying, to penetrate the woman first in her vagina and then in her anal orifice. Thereafter he has full blown sexual intercourse with her in her father’s bed.
The Prosecution basically alleged that on 20th of March 2003, at Mont Buxton, Mahe without consent penetrated the body orifice of (Name withheld to protect identity) for a sexual purpose. Under Count 2 the prosecution further alleged that the defendant on 20th of March 2003, at Mont Buxton, Mahe without consent, indecently assaulted a mentally retarded boy (Name withheld to protect identity) by holding and examining inside the buttock of that boy.
According to one elderly witness, a 62 year old pensioner who is a resident of Mont Buxton, Mahe, the victim’s father, he witnessed the incident. He is a religious man. He used to do his regular prayers. He always kept a candle on a table in his bedroom for that holy purpose. The victim is aged 42 and is his daughter. She is a housewife living on a social security benefits. The boy, also the victim of indecent assault, is aged 22 and is the nephew of the virtual complainant. The boy is a person of weak intellect. He is mentally retarded and has been under medical treatment since his childhood. They all live together in the same household at Mont Buxton as an extended family.
The defendant Mr. Frederick Pierre was at all material times, a police officer, a Lance Corporal. He joined the Seychelles Police Force in 1995. He had been serving the Force until he was suspended from service because of the instant criminal case registered against him. In late 1990s he was working as police officer in La Digue having been attached to La Digue Police Station. Later he was transferred to Mahe. He started working at the Mont Fleuri Police Station as a Process Server under the supervision of the Police Inspector Ericson Charles. Since the defendant was holding the rank of Lance Corporal, a non-commissioned rank in the Police Force – that is above private and below corporal – he was not assigned any criminal investigation duties. Especially, investigations that involve sexual offences were and are normally assigned to a special investigation branch called “Family Support Squad” that falls under the Criminal Investigation Department. The defendant is also a resident of Mont Buxton, living in the same area where the complainants are living. In fact, the defendant’s house is situated within a kilometre above the complainant’s residence on the mountain. Since they all live in the same neighbourhood, the defendant was familiar to the complainant, the boy and her father. He had been seen many times in police uniform. At times, the defendant while passing by, used to visit them on his way home and talked to them.
The 1st complainant, the woman aged 42, in essence testified that the 2nd complainant, the boy aged 22, was her nephew being the son of her sister. On 20th March 2003, in the morning at around 11am, whilst the 1st complainant was at home with her father and the nephew, the defendant, who was in a red pair of short and T-shirt came to her house and told her that the doctor had sent him to do medical test on her. At the time her father was taking a bath outside. The defendant having thus entered the house took 1st complainant into her father’s bedroom, bolted the door from inside, made her remove her knickers and put her in the bed. He then took the holy candle from her father’s table and inserted the bottom part of it into her vagina and pulled out. Then, he inserted it into her anus. It was very painful. After doing these acts of penetration, the defendant took his penis and inserted it into her vagina and has sexual intercourse with her. She tried to resist but the defendant told her to shut up and not to make any noise. She noticed that her nephew, the mentally retarded boy was also watching this incident from outside through some opening in the door. After ejaculation, the defendant released her, opened the door and came out of the bedroom. Thereupon he saw the 2nd complainant, the mentally retarded boy sitting outside in the living room. Immediately thereafter, the defendant took the 2nd complainant into the same bedroom and did something to him. The 2nd complainant, who appeared to be a person of average intelligence but capable of understanding the nature of oath testified thus:
“On 20th March 2003, at around 11 am, the defendant, whom the boy knew as a police officer came to the house at Mont Buxton, where the latter lived with his grand father, , grand mother and aunty. That time the defendant was wearing a red pair of shorts. After entering the house, the defendant sat in the living room, spoke to his aunty, 1st complaina,t for sometime and then took her into his grand father’s bedroom and closed the door. The boy, out of anxiety wanted to know what the police officer was doing to his aunty in the bedroom. Hence, he peeped through the hole from a corner of the bedroom-door. In side, he saw the defendant with a candle stick in his hand and inserted it into his aunty’s anus and then took it out. After that he inserted his penis and had sexual intercourse with her. At one stage, he also heard his aunty screaming out of pain saying that the act of the defendant was hurting her. After the defendant finished those acts on 1st complainant, he came out and told the boy that the doctor has asked him to do a test on him too. Therefore, the defendant asked the boy to go into the same bedroom. As the boy went in, the defendant asked him to remove his trousers and made him lie down on the bed. The boy did as he was told. Then the defendant opened the boy’s buttocks and looked in his anus and then released him”
The father of the 1st complainant testified that on the alleged date in the morning he did not notice the defendant, when he entered the house as he was working in the gardenat the material time. After finishing the work, he wanted to take a bath. His soap box was in the bedroom. So, he came into the house to take the soap box; but his bedroom had been locked from inside. He asked the person, whoever was inside to open the door. After three shouts there was no response. Finally, the old man shouted that if the door is not opened he was going to break it down. He heard a man’s voice inside. The door opened. But, he did not know who opened it from inside. As the door opened, he did not go inside but he stretched his hand from outside and took out the soap box and noticed his prayer candle was missing from the table. The man, whom he saw inside, was in red shorts. He did not look at his face nor did he talk to him. And, then he went outside, has his bath and came back. The bedroom door was open. He went inside and continued to search for the candle. He could not find it. However, the old man admitted in cross-examination, that he saw the defendant in his bedroom and the defendant asked him to get a pencil and paper to make some accounts on it. Also he denied that the defendant used to come to his house prior to the alleged incident. Further he stated in cross-examination that the defendant on that day told him not to watch what he was doing in his house by using some obscene languages.
Ms. Janette Therlermont (PW7), a Woman Police Constable testified that following a complaint made by 1st complainant on the same day of the alleged incident, the police immediately arrested the defendant and brought him to the Central Police Station. He was informed of the complaint of sexual assault and of his constitutional rights. He voluntarily gave a statement to the police at 17.30 hrs on the same day of the alleged incident. This statement was produced in evidence and marked as exhibit P5, which reads thus:
“Today the 20th day of March 2003 at around 12.45hrs I came from the shop at Mont Buxton and went to the house of (name withheld) who is one of my friends. The reason of going to his residence is to talk regarding an incident that has been occurred to his step son 2nd complainant as he was sexually abused by one (name withheld). From the time I arrived at the residence of (name withheld) I saw his daughter namely (name withheld) sitting next to the house gate and we were talking regarding the sexual abuse to (name withheld) from (name withheld). So (name withheld) invited me inside the house for us to talk. I agreed and she bought me in the house corridor and told me to sit on the table for us to talk. At the exact moment (name withheld) came and told me to get inside the bedroom if I wanted to talk to (name withheld); frankly me and (name withheld) we got inside the bedroom of (name withheld) where we sat on the bed and talked to each other regarding what had happened with(name withheld)l.
The bedroom door was well pushed but was unlocked, fifteen minutes we talk, later after the talk I went away. From the moment I was in the bedroom with 1st complainant nothing happen between her and myself. I never touch her, even used candle inside her vagina nor ass, and I had never done sexual intercourse with her. But what I remember is when I was busy talking to 1st complainant in the bedroom she make me aware that I have large penis and asked me about when I will give it to her, that was the indecent words that she was talking with me when we were inside the bedroom together. It was the moment that I informed 1st complainant that I would never make any action of love with her as my girlfriend (name withheld) is her godmother. That was when I leave the place. If there is allegation that I threatened 1st complainant that I will burn the hair on her vagina if she don’t have any sexual intercourse with me is totally wrong. If there is also allegation that I said that the doctor who has sent me to make a test with 1st complainant is again totally wrong” To be continued next week………