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Child victim gives evidence in sexual exploitation trial

A seven-year-old girl told Magistrates' Court how a man fondled her in his car, on a bike and licked her "private parts'' in his home.

The 31-year-old St. George's man in question is charged with three counts of sexual exploitation between October 1999 and September 2000 -- when the girl was six years old.

The non-Bermudian man who speaks little English was accompanied in court on Thursday by a translator who sat beside the accused to assist him in following the proceedings.

For the purposes of the girl's testimony, the courtroom was also re-arranged so that a screen divided the accused from the alleged victim.

The only people within the girl's line of vision were Acting Magistrate Justin Williams, prosecutor Juan Wolffe, defence lawyer Elizabeth Christopher, two reporters and the girl's family and supporters.

Ms Christopher challenged the placement of the screen saying that the defendant's supporters should be able to follow the trial as well. But Mr.

Williams allowed the screen to be placed in the same manner it had been when the girl first took the stand the previous day.

"My overriding concern is that (the girl) is not intimidated,'' said Mr.

Williams.

The girl testified that a man known to her had driven her to her friend's house on a couple of occasions -- once on a bike and once in car.

She also testified that she had been alone with the accused. She said he took her to his home while he was supposed to be transporting her to her friend's house.

"Has (the accused) ever touched you?'' asked Crown Counsel Juan Wolffe.

The girl said "yes'' and Mr. Wolffe asked where. "On my private parts,'' she replied.

Mr. Wolffe explained to the girl that she had to indicate where and she pointed downwards to her vaginal area.

The girl then testified that the accused had fondled her in that area both while on the bike and in the car. She said she had been on the front of the bike and he had reached around her to touch her.

In the car, she said he had been in the front seat and she in the back, and that he reached back and fondled her.

"How did this make you feel?'' asked Mr. Wolffe. "Bad,'' she replied and later added that it made her feel "embarrassing''.

When Mr. Wolffe asked whether the accused had touched her any other times, the girl said he had, at his house.

The girl testified that she had lain on the accused's bed, while he was on the floor and that "he licked my private parts''.

Mr. Wolffe then asked the girl to recall details of the accused's bedroom. She said it had a boat in it, plants, a drawer with video tapes, a TV, toys and a drawer where the man's wife kept her make-up.

Mr. Wolffe then introduced pictures of the room into evidence and asked the girl to point out certain items she had said were in the room in the pictures.

In addition to pointing to the various items, Mr. Wolffe had her indicate where she and the accused had been in the room. The girl indicated she had been in the centre of the bed at the bottom end and that the accused had been on the floor in front of her.

Mr. Wolffe began to question the girl on whether she had told anyone about the sexual exploitation and she first replied no and then added "just my mom''.

At this point defence lawyer Liz Christopher objected on the grounds that the girl confiding in her mother amounted to hearsay and she held that in sexual offence cases such arguments could not be introduced to support the girl's statements.

After a short break, Mr. Wolffe abandoned this line of inquiry and ended his questioning of the young girl.

Ms Christopher began her cross examination of the victim by first establishing whether she had two siblings, the girl said she did and that they lived outside the country.

Ms Christopher also established that the siblings had visited the Island last summer with some friends.

The girl testified that she liked clinical psychologist Dr. Ann Dell Duncan -- who is also expected to testify in the case. Ms Christopher asked the girl whether Dr. Duncan helped her to remember what happened to her. "I don't understand the question,'' replied the girl. When clarified the girl said Dr.

Duncan did.

Ms Christopher then asked the girl to name anyone she knew who had a white puppy or dog and a white garage.

The girl also testified that the accused did not have a TV in his car. "So what would you call it if someone said (the accused) had a TV in his car,'' Ms Christopher asked.

"That would be lying,'' said the girl.

Ms Christopher asked the girl if she had seen the pictures that Mr. Wolffe showed her in court before. The girl said she had. "That's how you know there's a ship in it right?'' Ms Christopher asked. "Yes,'' said the girl.

The cross examination ended abruptly when the girl asked to go to the washroom. Due to other court business, Mr. Williams adjourned the trial until next Tuesday.