The police officer sentenced to 12 years for sexual assault, the old offence of rape, was apparently the bodyguard of ex-Speaker Honourable Francis Macgregor. Ms. Janette Therlermont (PW7), a Woman Police Constable testified that following a complaint made the victim 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 (Name Withheld) 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, while I agree she bought me in the house corridor and told me to sit on the table for us to talk, the same 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).
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 (Name Withheld) 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 (Name Withheld) 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 (Name Withheld) that I would never make any action of love with her as my girlfriend Georgette MAHOUNE is her godmother. That was when I leave the place. If there is allegation that I threaten (Name Withheld) 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 (Name Withheld) is again totally wrong”
After the close of the case for the prosecution, the Court ruled that the defendant had a case to answer in defence. The defendant elected to give evidence on oath. He testified in essence, that it was true that he had sexual intercourse with the 1st complainant (Name Withheld), on the date, time and place as alleged by the prosecution. However, according to the defendant, he had that sexual intercourse with the consent of (Name Withheld). He further stated that it was not the first time he had it, but he used to have such a sexual intercourse with her in the past, at least ten times, at different venues before the alleged one. However, as far as the venue was concerned, it was the first time he had such sexual intercourse, at her house in her father’s bedroom. He further testified that on the alleged date in the morning while he was in his uniform. (Name Withheld) met him in a shop at Mont Buxton and asked him to come and see her in a few minutes at her home. So, the defendant went to his house, changed his uniform, put on a red pair of trousers and then went to (Name Withheld)’s home as usual, since he was in the habit of going to her place often to play domino. In (Name Withheld)’s house he first me her father, who told him to go inside the house and talk to (Name Withheld). When he went in, he saw (Name Withheld), who took him into her father’s bedroom stating that she had to tell him, something about her nephew, who was allegedly sodomised by (Name Withheld). So, he asked her to give him a piece of paper to note what she was going to say about the incident of (Name Withheld). However, (Name Withheld) told him the real purpose of her invitation to her house was to have sex with him. Then, she closed the bedroom door and pulled him down and got him sit by her side and told that they were going to have a quick sex. The crucial part of his evidence in this respect runs thus:
“She told me Pierre, we have to do it, let us hurry up. I did not touch her. She pulled up her skirt very quickly ….. and she removed her underpants on the left leg. The right side was still on her. She was on the bed and she leaned against the wall and put her legs up. I looked at her private part. She told me. “Pierre look at it, let us have sex quickly”. At this point I had an erection. I was tempted and the way she was encouraging me to do it ….. I did not use force on her. I did not harass her. I did not have the intention to come there and have sex. As a police officer, I had come there to help them about the incident of (Name Withheld). She then opened the door and went out”
Besides, the defendant stated that he never inserted any candle into her anus or vagina. As regards his statement (supra) given under caution to the police, the defendant testified that he lied in his statement stating the he did not have sexual intercourse with (Name Withheld) because of the following reasons:
i) He felt embarrassed to tell the truth since he was working as a personal body guard to the Speaker of the National Assembly at that time.
ii) He panicked to tell the truth
iii) Thing did not make any sense that time
iv) He did not get chance to take any legal advice, when he gave the statement to the police.
v) Inspector Denis pressurised him, so he could not tell the truth.
vi) Investigating Officer one Cecil Valmont threatened him saying that he was going to put him in a cell and made him give a statement containing lies.
As regards the allegation of sexual assault on (Name Withheld), the defendant testified that on the Clean Up the World Day – which in fact, fell from 19th to 21st September 2003 – he went to (Name Withheld)’s house looking for Mr. (Name Withheld) as the defendant wanted to get help from him to dispose of some rubbish from his house. When he went to (Name Withheld)’s house, he noticed (Name Withheld) rubbing his abdomen. The defendant asked him what was wrong with him. In response, (Name Withheld) told him that he had been sodomised by one (Name Withheld) of Hangard Street. Having thus replied, according to the defendant, (Name Withheld) voluntarily lifted his T-Shirt and showed him his waist, where the said (Name Withheld) had been holding him around while having anal intercourse with him. The defendant noticed that there was a blue mark and scratch on him. Furthermore, the defendant testified that he did that in his capacity as a police officer vested with power to investigate any complaint made to him. Having thus testified in chief examination, the defendant admitted in cross examination that the incident happened in the morning of the 19th March 2003. Further, the defendant testified that the police officers Lance Corporal Julie, Sgt. Bell, WPC Janette Telermont and WPC Marie Souffe have all fabricated the story and framed him falsely in this case. Hence, the defendant claimed that he was innocent and he never committed any indecent act either on (Name Withheld) or (Name Withheld) .