A 12-year-old's birth of a stillborn child led to a Police investigation of her relationship with a 31-year-old Hamilton Parish man and his imprisonment for three years yesterday.

Saying the man must have had “his Bible in one hand and his penis in the other”, Assistant Justice Carlisle Greaves called the man's actions a “betrayal” of the community's trust.

DNA tests after the July 2004 stillborn birth showed the baby was his - despite denials from the man right up until yesterday's guilty plea. Finally before Mr. Greaves yesterday, the man admitted he had sex with the girl between July 1, 2003 and February 14, 2004, in his home.

Mr. Greaves said: “The accused was in a position of trust. The victim in this case was young, only 12-years-old, and in real need of protection.

“He betrayed her and his neighbours. He coaxed her into his confidence with a Bible in one hand, evil in his heart and his penis in the other hand.

“He not only prematurely introduced her to the world of birds and bees but also to the world of childbirth. In the social inquiry report, he said he felt he was looking after her as a father, yet he betrayed her.

“The excuse of marijuana was just that, an excuse and has no mitigating weight. I am inclined to impose seven years imprisonment. He would have served five years in prison plus three years probation. While serving the three year probation, he would attract a further two years imprisonment if he breached. However, I find myself restrained by the relevant section of the Criminal Code, which restricts such split sentences served to a maximum period of three years imprisonment.

“I think probation sufficiently important in this case. I hope this section (of the Code) will be looked at again in cases which merit longer sentences. Therefore my sentence is three years imprisonment with three years probation to follow.”

He said the man must adhere to a “sex offenders programme and other counselling as deemed necessary by probation officers”.

“It reminds me of the story of Columbus,” the Barbadian judge said. “When he first arrived he had a Bible in one hand and a sword in the other: First he fell on his knees, then on the aborigines.”

Crown counsel Wayne Caines said the man's girlfriend asked him if her niece could live with him in his home, adding: “At first he was averse to the idea, then he took warmly to the idea and she moved in. He said they had a father and daughter relationship while she lived with him.”

He said the social inquiry report said “their relationship progressed from skylarking and playing to being more physical in nature”.

Mr. Caines continued: “Police received a call from a hospital social worker regarding a 12-year-old girl delivering a 20-week old foetus. The foetus died on delivery due to immature gestation. Due to the age of the girl, Police commenced investigations. The defendant denied all suggestions he had a carnal relationship with the girl.”

Police sent the baby to a Royal Canadian Mounted Police forensic lab in Halifax, Nova Scotia for DNA tests - and secured a sample of the man's own DNA. The RCMP lab reported back that the man was “2.7 million times likely to be the father”. Mr. Caines said the unlawful carnal knowledge took place: “Sometime in 2003 at the defendant's living room.”

His girlfriend's niece was sitting on the couch and he was sitting on a chair nearby,” he said. “They were reading the Bible together then began to meditate. Afterwards, he asked if she wanted to read the scriptures. While she read the scriptures he sat beside her on the couch.”

Afterward the man “asked her if she was OK with what happened. For months after he asked her how she felt, if she was alright,” Mr. Caines said.

Soon, the victim said her “stomach was big” and he asked her if she “felt movement”.

In a Police statement, he denied having sex with the girl. He said he could not remember as he “had a problem with his memory”.

Me. Caines said the prosecution could not produce a victim impact statement for the court, as the victim was “under a tender mind. It was decided best for the virtual complainant to avoid the process”.

Det. Con. Renee Rock said the man “denied having unlawful carnal knowledge, and if anything did happen, it was against his knowledge”.

Under questioning by defence lawyer Elizabeth Christopher, Det. Con. Rock said he “has issues with his memory” but would “take responsibility if (the baby) is mine”.

The maximum sentence for this crime was 20 years, but the Crown asked for an eight to ten year sentence.

“It is highly probable the influence he had on her was far greater than a 12-year-old can have on a 30-year-old,” Mr. Caines said.

He said the man showed a “lack of contrition” and “the community has to be protected from persons with these type of proclivities.”

And he called it “classic paedophile grooming. His proclivities show he likes to interfere with young girls.”

Ms Christopher said “the man had abused cannabis for a very long period of time for religious practice” and “by virtue of intoxication had put himself in that position”.

But when Ms Christopher said her client could not remember what happened, Mr. Justice Greaves interjected: “Clearly the man's lying! The man had his Bible in one hand and his penis in the other! How could he not remember?”

And Ms Christopher said she was the one who would not let her client plead guilty: “I wouldn't let him, I thought he was loony.”

She asked for a two-year sentence attached to a “lengthy period of probation” for her client.

Before he was sentenced the man apologised to the court and his family, adding: “Since I've been in jail I've been thinking and been getting the help I need.”

If the man breaches his probation, which includes attendance at sexual offenders programme - he can be sent back to prison for another two years.