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Alleged sex assault victim made complaint to Human Rights Commission

An alleged sex assault victim made a complaint to the Human Rights Commission (HRC) about his former manager, a court heard on Friday.Mr X was quizzed about the grievance by Shade Subair, who is both defence lawyer for the manager and chairman of the HRC.Ms Subair was continuing her cross-examination of the 21-year-old former office clerk on day five of the Magistrates’ Court trial of her client, Mr Y, who denies ten counts of sexual assault.She asked the witness to confirm he gave a statement to police in December 2009 about his allegation that Mr Y, 58, repeatedly assaulted him between February and June that year.She also asked him to confirm he wrote a detailed letter to Mr Y’s manager and made a complaint to the HRC.Mr X replied: “I’m not going to answer that question due to the fact that Ms Subair is actually the standing chairman of the Human Rights Commission.“I do have a pending investigation going on there so I will not answer that question or any questions on the Human Rights Commission.”He said he was told by the HRC officer handling his case not to discuss it with anyone else. But Magistrate Khamisi Tokunbo informed him he had to answer questions put to him in court. Ms Subair told the court: “I do not have that document [the HRC complaint] by any relation to me being chairman of the HRC. It was served on my client and my client has had to answer to it.”Crown counsel Nicole Smith suggested to the court that the issue “muddies the water” but Ms Subair insisted: “There is nothing complex.”After the proceedings, Ms Subair told The Royal Gazette she had never dealt with the case in her capacity as HRC chairman as that would have been improper.Earlier, she asked Mr X if he was certain everything in his HRC complaint, the letter to Mr Y’s boss and the police statement was correct. He replied he was.Ms Subair asked: “Tell us how it is that you feel so certain that you are correct, for example, on all the different dates?”The witness replied: “I won’t tell you that every single listed date is 100 percent sure but I can tell you I was assaulted more than five times and those dates are the dates that I remember.” He said he jotted down notes after some assaults.The defence lawyer said: “I’m going to outright put it to you that many things that you said in your interview with police and in your letter to [Mr Y’s manager] were not in fact correct and true.”Mr X responded: “I do strongly disagree.”Later, he said he did not make notes every time and especially not after a stressful day.Ms Subair asked if he was ever given a swipe card to the office where he worked. The witness said Mr Y gave him one.Ms Subair asked why he told police when he was being interviewed on suspicion of stealing a BlackBerry from the same premises that he didn’t have one.“I’m putting it to you that you didn’t tell police that because you are now lying,” she said. Mr X replied: “No.”He later denied his performance at work deteriorated and that he was chastised by Mr Y. To the contrary, he said, he did every assigned task and was complimented most days by his boss on “the way I was looking or something”.Neither the accused or the alleged victim can be identified for legal reasons. The case continues on Wednesday.