The lawyer representing a senior Police officer accused of sexually assaulting a colleague has called for the case to be thrown out.

Defence counsel Richard Hector said the alleged victim had trouble remembering when the assault occurred.

A 44-year-old male Police officer - who cannot be named for legal reasons - is accused of sexually assaulting the woman at her Southampton home between June 12 and November 30, 2000. During evidence she has also mentioned three other assaults at his home.

Mr. Hector said: “She couldn't remember whether it happened before or after Cup Match but Cup Match is something Bermudians will tell you is highly significant, second only to the second coming of Christ.”

He also questioned how the officer was able to ejaculate when it was said he was in a flaccid state and also how he had managed to put a condom on in that state.

Mr. Hector said the victim had not tried to fight the attacker off and had washed herself and her clothes, thereby removing any possible DNA evidence.

He said: “She did nothing to scratch, scream out or punch him in the groin.”

Nor had she alleged the defendant had threatened her with violence, said Mr. Hector.

And he questioned why she had returned to work after the assault where she worked with her alleged attacker and also gone to his house to make party bags for her son's birthday - on Police time.

Mr. Hector said: “She went into the defendant's office and asked to use his cleaning cloth to clean her glasses after the main incident which occurred at her house when she was supposed to be avoiding the defendant. In fact she was demonstrating her familiarity and friendly relationship with him.”

Mr. Hector also wondered why a laminated poem about friendship, given to her by the defendant, had been kept on her desk at the Police station.

Mr. Hector went on: “In November she had voluntarily agreed to go with him to Hamilton Police Station to investigate a matter that was nothing to do with her.

“She said she volunteered to go because she had inquiries to make in the same location. She made no inquiries and spoke to no one that day in Hamilton.”

This was after she had claimed to have suffered three other attacks at his house as well as the one at her house, said Mr. Hector.

The defence lawyer also said the alleged victim had taken the attacker with her when she went to book a flight at the American Airlines office.

“She admitted that after all the unpleasant incidents that occurred between them, she continued to exercise and work with the defendant,” Mr. hector said.

The alleged victim has since left the Police force.

Mr. Hector said: “If the Prosecution is unable to prove the lack of consent this case against the defendant has to be dismissed.”

Crown counsel Juan Wolffe will respond to Mr. Hector's no-case submission in front of Acting Senior Magistrate Carlisle Greaves on Tuesday.