Family plan to demand an appeal after late production of victim impact statement
A relative of the 12-year-old girl sexually exploited by fireman Joshua Crockwell said she is upset that he was not jailed.The relative is also concerned that the Magistrate refused to receive a victim impact statement, which was produced by the prosecutor too late in the proceedings.Crockwell, who caused the young girl to attempt to perform oral sex on him, received a suspended sentence from Khamisi Tokunbo.As he meted out the punishment, Mr Tokunbo said Crockwell did not prey on the youngster who “had to be protected from herself”.However, the relative, who cannot be identified in order to protect the anonymity of the young victim told The Royal Gazette: “He should have a custodial sentence, immediately.”She said of Crockwell: “I’m disgusted. I think that he took her vulnerability and used it against her.”Mr Tokunbo decided that the defendant and victim had been mutually attracted to one another in the run-up to the crime, and Crockwell had not “lured her” into the sex act.However, the relative said: “I’m not saying she didn’t like him but she didn’t want sexual contact with him.“It was a crush. Everyone in their lives has a crush but he was old enough to know right from wrong.”She explained that the crime came to light after the girl told her family something was bothering her. She then told them what happened, and the family called the police.During the sentencing proceedings, defence lawyer Elizabeth Christopher noted that there was no statement produced by prosecutor Tawana Tannock outlining the impact of the crime on the victim.Ms Christopher said she was not trying to downplay the seriousness of the offence but the girl’s demeanour when she gave evidence suggested “this was not a case where the highest degree of ill effect of the offence manifested itself.”At that point, Ms Tannock said a victim impact statement was indeed available, and handed it to Ms Christopher.However, the defence lawyer complained that it had been produced too late.Mr Tokunbo told her: “Ignore it. I haven’t seen it.”He chided Ms Tannock that the statement should have been presented to the court in advance of the sentencing hearing.“Since you didn’t, I’m not going to take it now,” he said. “That’s not good, but I’m not going to take it now.”According to the relative of the victim, the girl has been deeply impacted by the crime. She would like the prosecution to appeal over the fact that Mr Tokunbo refused to receive the statement.“Her voice wasn’t heard,” she complained. “She’s not doing good in school. This morning she was upset about it.”The relative plans to ask the Department of Public Prosecutions to launch an appeal against the sentence.“The police did a good job and I think the prosecution did a good job up until handing up the victim impact statement,” she said.Ms Tannock did not handle the original trial, but was standing in yesterday for the original prosecutor, Susan Mulligan, who is dealing with a Supreme Court trial.Asked if she knew whether there would be an appeal, she replied: “Not at this juncture, however the file has been remitted to the trial prosecutor.”Although it is unclear whether Crockwell will keep his job as a firefighter, and fire boss Vincent Hollinsid did not respond to requests for comment yesterday, the relative said: “I hope he doesn’t keep his job as a fireman.”