Magistrate rules alleged sex attacker has a case to answer
A 59-year-old office manager charged with a string of sex attacks on a much younger employee does have a case to answer, a Magistrate ruled yesterday.
Khamisi Tokunbo rejected a submission from Mr Y's lawyer to throw the entire case out of Magistrates' Court but did dismiss two of the ten charges of sexual assault against the defendant.
Mr Y is on trial accused of repeatedly molesting former clerk Mr X, 21, between February 15 and June 11, 2009. He denies all counts.
The prosecution claims most of the alleged assaults took place when the complainant was still a teenager and that Mr Y carried them out in his office, at Mr X's accommodation and at a guesthouse.
The alleged victim took the stand to give evidence on seven separate dates during January and February, describing how he wanted to kill his boss but could not react because he was on probation.
Mr Y's lawyer Shade Subair said at the last hearing she intended to make a submission that her client had no case to answer.
Mr Tokunbo asked for a written argument from her, followed by one from Crown counsel Nicole Smith.
Yesterday, he said Ms Subair claimed there was no case to answer on any of the counts on the grounds that there was either no evidence or evidence which was inherently weak or so tenuous that Mr Y could not be properly convicted.
The Magistrate said the prosecution rightly conceded in its response that no evidence had been given with regards to counts four and five, relating to March 5 and March 11, respectively.
As such, Mr Tokunbo dismissed those charges.
He said the prosecution accepted no evidence was given in relation to an alleged sexual assault on March 19, 2009 as detailed in count six but asked that the charge be amended to reflect evidence given about an alleged incident on March 21. The magistrate agreed to the change.
He found the evidence relating to counts one to three and six to ten was sufficient and said those charges stood.
“There is a case for the defendant to answer on each of the remaining counts and the trial should proceed accordingly,” Mr Tokunbo added.
He adjourned the hearing until next month, when the defence will begin its case.
Mr Y's bail was extended. Neither he nor Mr X can be identified for legal reasons.