Crown: Accused threatened woman with knife
A man floored a woman with a punch then seriously sexually assaulted her while threatening her with a knife, a Supreme Court jury heard yesterday.
The 34-year-old denies seriously sexually assaulting the woman and unlawfully causing her grievous bodily harm at a house in Sandys on March 12 last year.
The man punched the woman to the floor of her kitchen after she told him it was none of his business if she was going on an overseas vacation, said senior Crown counsel Vinette Graham-Allen.
She tried to escape but he attacked her and took a knife to her throat while he choked her, she said.
The man, who cannot be identified for legal reasons, then forced her into the living room to strip, and ordered her to an upstairs bedroom where he sexually assaulted her, said Ms Graham-Allen.
The woman, who knew the defendant, managed to calm him down after the attack and he left.
She then called Police who found the knife allegedly used in the attack in the bedroom, said Ms Graham-Allen.
P.c. Susann DeSilva said when she saw the alleged victim in her home, she had blood coming from her right ear, bruising on her neck and face, and scratches around her neck.
She said she comforted the woman while she identified the defendant, who was later arrested at a party in staff quarters at an Island hotel.
P.c. DeSilva said that when the defendant was arrested at the hotel on suspicion of a serious sexual assault, he replied: "I understand."
Defence lawyer Mark Pettingill alleged P.c. DeSilva and P.c. Sean Mullan colluded in writing their notes.
But P.c. Mullan - the only officer to whom he put the allegation - denied this.
P.c. Mullan said he wrote his statement independently based on his pocket notebook and did not lend it to anyone else.
Mr. Pettingill said: "You collaborated with officer DeSilva in making a statement for the court. You put your heads together."
P.c. Mullan replied: "She made her notes and I made my notes."
Mr. Pettingill added: "You shared your notes and shared your statements to have a collaborative statement?"
He replied: "I do not believe so. Not to my knowledge."
P.c. Steve Darrell, who processed the defendant at Somerset Police Station, testified that the accused asked to telephone his lawyer Michael Scott and several other lawyers but he was unable to reach any.
He agreed he didn't mention in his written statement that the defendant tried to get Mr. Scott and other lawyers.
The officer said he did not know which other lawyers the defendant tried to contact, nor whether the prisoner left a message with any of them.
Mr. Pettingill asked if the telephone record in the station would show the calls had been made to the other lawyers. P.c. Darrell replied: "They should".
P.c. Darrell agreed a diary kept at the station should record everything a prisoner does, from toilet breaks to whether they have a KFC for dinner.
Mr. Pettingill said: "I would suggest that in the diary from when (the defendant) was arrested there is no mention of him being given the opportunity to call a lawyer. What do you say to that?"
P.c. Darrell replied: "I say he was given an opportunity. It's very possible it's not in the diary."
The officer agreed he could recall the prisoner making several attempts to call lawyers but he could not recall if he left messages with any of them.
P.c. Darrell said he handed over the prisoner to another officer, whom he could not recall, and this would be recorded in his pocket notebook, which he did not have with him in court.
Mr. Pettingill asked if he would normally record in his pocket notebook if a prisoner made telephone calls, had toilet breaks, or ordered KFC, and the officer replied he would not.
He asked: "What are you trained to use your pocket notebook for?"
"Notes for myself," replied P.c. Darrell.
Mr Pettingill said: "I would suggest that you use a pocket notebook to make contemporaneous notes of things occurring during the investigation of a crime or the custody of a prisoner."
He replied: "Things of importance to an officer during the investigation of a crime."
Under re-examination from Ms Graham-Allen, the officer agreed that under the prisoners' rights which are read to each prisoner, a sergeant or the officer in charge of the station must be informed if the inmate wants to contact a lawyer. P.c. Darrell said he did not know if the defendant contacted a sergeant about speaking to Mr. Scott.
Det. Con. Steven Palmer of the Forensic Support Unit testified he was at the house and took pictures between 11.45 p.m. and 12.25 p.m.
He said he did not take a picture of knife, which was bagged by another officer and timed at 11.13 p.m.
Det. Con. Palmer agreed with Mr. Pettingill there were black-handled objects in one of his pictures which could be similar to the knife allegedly used in the attack.
The trial before Assistant Justice Charles-Etta Simmons continues today.
