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The
fate of a 46 yr. old St. Patrick's man found Guilty of Rape will be
determined next week by acting resident High Court Judge Justice Lyle St.
Paul when he returns to Court for sentencing on Monday.
Minroy Peters of River Sallee in
St. Patrick's was found guilty as charged by eight of the nine members of
the jury panel that were called upon to determine the facts of the case.
After spending some three and a
half hours deliberating on the evidence on Wednesday, the jury led by a
female foreman gave the court an ambiguous verdict and as a result each
member of the panel had to be polled in court by the trial Judge to
ascertain the correct verdict.
The matter which got under way
on Monday of this week with arguments led by acting Director of Public
Prosecutions (DPP) Christopher Nelson, before the presiding Judge, saw the
Crown's key witness taking the stand and giving the court a full account
of what transpired on the night in question.
The virtual complainant, a 24
year old Secondary School teacher from St. Patrick's, told the court that
on the night of Sunday November 4th 2001, she went to bed and in her sleep
thought that her boy-friend was playing with her private parts, when she
felt a weight on top of her.
She explained that when she
opened her eyes she saw the accused on top of her and felt his penis
inside of her Virginia she then pushed him off.
The victim noted that she
left the house, the following morning and reported the matter to
the Police, who spared no effort in investigating the matter.
The accused who was represented
by leading Criminal Defense lawyer Anslem Clouden is said to be a
well-known farmer and shop-keeper in his community. He is the father of
four and is said to have no previous criminal convictions.
Clouden after accepting the
verdict from the jury, in mitigation asked the court to be lenient and to
impose a non-custodial sentence on his client. He also noted that the
Prosecution led no evidence to suggest that the incident was committed
with aggravation since no aggravated circumstances had arisen. He accepted the fact that the
offense was committed without the consent of the complainant and that the
case must be judged on its merits as is done in every other case.
The defendant was described as a
family man, who plays an important role in the up bringing of his
children, and it was suggested that a custodial sentence will not in
anyway assist Mr. Peters, but it is more than likely to do him more harm
than good.
Peters will remain in custody
and return to court on Monday morning for sentencing.
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