Cross-examination leaves woman in tears
A former friend of the star witness in the Supreme court serious sex assault trial admitted she passed "an envelope" from the victim to the defendant ? but claimed to not know its contents.
The woman contradicted the victim's testimony last week that she had never contacted the 30-year-old man after his arrest.
The case against the man reached its penultimate phase yesterday after the defence closed its case after bringing four witness to the stand.
The married man denies two counts of serious sexual assault and two counts of unlawful wounding his lover. He also denies breaking and entering into her home and intimidating a witness in February and May of 2003. He cannot be named for legal reasons.
The former friend of the 24-year-old alleged victim broke out in tears after repeatedly being asked about her pregnancy and sexual activities during cross-examination by Crown Counsel Carrington Mahoney.
"Am I on trial? I'm confused here!" she said.
A reluctant witness, she said the defendant's brother came to her house and told her that he had proof of her passing the defendant's friend a letter from the victim.
Defence Lawyer Shade Subair met with the witness the Sunday before the trial started about a letter allegedly written by the victim to the defendant.
The witness said she knew nothing about a letter, only an envelope.
She did admit joking with the victim that if they ever wanted to contact the defendant, they would have someone else type a letter and even get another person to lick the envelope or "have a guy from work kiss it". She gave no further background on the conversation.
She admitted calling the victim last week Saturday to inquire why she was being put on the stand. She says the victim told her that she did not have to testify unless she had been subpoenaed.
Mr. Mahoney began his cross examination by reminding her she could be convicted and imprisoned for lying in the witness box.
She told the jury that the defence lawyer told her that she would lose her daughter if she lied on the stand.
While under strong questioning by Mr. Mahoney about her 2003 pregnancy and sexual history, the woman raised her voice and responded rudely on the stand.
The witness told the jury that her friendship with the victim ended in September 2003 and had attacked the victim with a golf club for revealing personal information to someone.
Also yesterday a neighbour of the man took the stand to tell the jury about a disturbance outside her window in the early morning of February 10, 2003.
She said she was awakened ? around 4 a.m.? to the loud voices of a man mocking a woman.
She said because the woman sounded distressed she asked her if she should call the Police. The woman told her to "please call the Police".
Despite having some doubts, the neighbour eventually called, before returning to bed.
A cousin of the defendant told the jury he had become very close to the victim and that he had opened a letter allegedly given to him by the victim's friend.
He said he opened the letter to see what was in it but did not read what was in it because he is illiterate.
He also said that the victim had given him two letters for the defendant.
Mr. Mahoney asked the defendant to hold the kiss mark on the letter next to his mouth.
"You agree with me that you don't have big lips?" he asked.
The courtroom broke out into laughter as the witness agreed.
Mr. Mahoney proceeded to suggest that a letter was never passed to the witness, adding: "The story about a second letter is a make-up story. You're making it up right here."
The man also denied much knowledge of Obeah (Jamaican voodoo), only shrugging when Mr. Mahoney suggested it can be used to kill someone, make someone fall in love with you, get a Visa, gain citizenship, etc. He also said that if you read a Psalm a day it will keep the evil spirits away.
Dr. Jatinda Heir, Police physician took the stand and told the jury that when he examined the defendant he found no lacerations.
Previous evidence suggested that the defendant suffered a cut on his hand during the first attack.
Closing arguments will begin this morning in Supreme Court.
