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Warwick man denies raping teenager on beach

The accused appeared in Supreme Court charged with raping the girl at Whale Bay beach in Southampton.In her opening statement, Crown Counsel Ms Sharon Kenny told Supreme Court that on September 14, 1992 the girl,

September of 1992.

The accused appeared in Supreme Court charged with raping the girl at Whale Bay beach in Southampton.

In her opening statement, Crown Counsel Ms Sharon Kenny told Supreme Court that on September 14, 1992 the girl, who was 18 years old at the time, saw the defendant at a party being hosted by his sister.

"After the party had ended, the defendant contacted the teenager on the phone at home, late at night,'' Ms Kenny added.

"He later went to the teenager's house at about 11.30 p.m. and they sat in the car and talked for a few minutes.'' She added that he turned on the ignition and drove off.

Ms Kenny said: "He took her to Whale Bay beach where they sat down and talked. He then kissed her and she told him that it was not right because she had a boyfriend.

"He got up and walked away, and she followed him. He went to an area of the beach and grabbed her arm and wrists and pushed her on the ground. The teenager told him that she was menstruating at the time.

"Afterwards, the defendant took her home. Police were called and he was arrested the same day.'' Hospital pathologist Dr. Keith Cunningham told the court that he examined both the teenager and the defendant after the alleged incident.

When examining the girl, Dr. Cunningham said that he noted some tenderness over her left wrist.

He added that she had white sand all over her body and that it was clear that there had been recent vaginal entry and ejaculation.

Dr. Cunningham also said that when examining the defendant, tests showed that he recently had had intercourse.

The defendant's lawyer Mr. Phil Perinchief questioned Dr. Cunningham about the finding of a scratch.

"I noticed a scratch on the upper part of his back which was definitely not caused by the alleged rape.

"The scratch was scabbed and had to have happened before the incident.'' Ms Kenny asked Dr. Cunningham if he could say whether or not she consented to penetration. He said he could not.

Det. Sgt. Mike Chlebek told the court that at 4.30 a.m. on September 14 Police went to the home of the defendant where they spoke to a woman.

"They went into a bedroom where he was sleeping,'' Det. Sgt. Chlebek said.

"I identified myself along with the other officer and we told him that we were arresting him on suspicion of rape.

"He told us that he did not rape anyone. We collected the items of clothing that we suspected were worn earlier and took him to the Hamilton Police Station where he was searched and detained.'' The court also heard from the Godmother of the complainant.

She said that the girl came to live with her, her mother and children two years ago.

"On September 14, I woke up to the sounds of a female crying, moaning and sniffling,'' she said.

"My daughter later walked into the living room where I was sleeping and as a result of our conversation, I went outside to see my goddaughter who had sand all over her.

"When I spoke to her she started crying again. I noticed that her glasses and shoes were missing, because she is very near sighted. She never went anywhere without her glasses.'' The godmother added that she called the Rape Crisis Centre and after they talked with her and the teenager, she took her to King Edward Memorial VII Hospital where she was examined.

The trial continues today.