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Clash in court over evidence

act resumed yesterday before Magistrate Cheryl-Ann Mapp with a stand off between defence counsel Richard Hector and Insp. Stuart Crockwell.

The two sparred over the sequence of events that led to the accused, who cannot be named, giving statements to Police where he claimed "stupidity'' caused him to walk up to the rectory window of St. Peter's Church in St.

George's and undress.

The charges stem from an April 6, 1995 incident when a Police surveillance team observed a man walk up a driveway on Government Hill, remove all his clothes and stand at the window of the church rectory.

P.c. Diallo Sharrieff told the court earlier that he saw a man stop at the door of the rectory and take off his clothes: "I could not see his full body.

Next I went to the door of the shed and I saw a naked man standing at the window. He was right next to it. He had knocked on the window with one hand and the other hand was holding his penis and he appeared to be masturbating.'' The man then became aware of the Police and ran off across St. George's Golf Course.

Clothing and a pair of sneakers were found near the scene and the accused was picked up for questioning the next day.

Mr. Hector questioned the chronology of events of April 7 when the accused was interviewed by Police at St. George's.

Insp. Crockwell acknowledged the accused gave Police two statements, but denied defence claims that Police told the man if he cooperated he would be released on bail.

"I'm going to suggest to you that you told him his getting out depended on how he cooperated,'' said Mr. Hector.

"That's not true,'' responded Insp. Crockwell.

Insp. Crockwell told the court that following a "brainstorming'' session at St. George's Police Station with other officers involved in the case, he was called into the interview room by the accused, who was known to Police. At that point he confessed.

Asked to explain his actions the accused told Police: "I don't know.

Stupidity, I guess.'' When pressed on his intentions he replied: "Probably masturbate, then go home.''