DPP seeks changes in way children give evidence in court
Acting Director of Public Prosecutions Kulandra Ratneser is calling for a change in legislation to improve the way child abuse victims give evidence.
He was speaking after another youngster, this time an eight-year-old, spent nearly five hours facing the "trauma" of being cross-examined in open court.
The trial of a teacher accused of pulling the penis of the pupil during a class collapsed on Monday when Magistrate William Francis ruled that there was no case to answer.
The mother of the youngster has called for a change in legislation after she claims her child was terrorised by defence lawyer Larry Mussenden in cross-examination - Mr. Ratneser admitted the case "was very disturbing".
"I am concerned that a child was cross-examined in open court when there could have been a screen to protect him," Mr. Ratneser told The Royal Gazette.
"The whole process worries me when a child has to undergo this gruelling procedure. But that is the system we have here.
"This is why we need to look at new legislation that will enable young children, or other people who are vulnerable, to give evidence while avoiding the rigours of the courtroom.
"I will be looking at how we might be able to alter legislation to protect children."
He said that in Australia, where he has also practised law, children were able to give evidence from a separate room via CCTV.
"This is the best system that I know of," he continued.
"It is still traumatic for the child but they are allowed to sit in a separate room with a care-giver and never have to face the accused. It is the most comfortable situation possible. But that is not something we have available here."
Although Mr. Ratneser conceded that the Crown could not appeal the `no case to answer' decision made by Mr. Francis on Monday, it is understood that the file is being carefully reviewed.
There were angry scenes outside Magistrates' Court after the decision to throw out the case against the 33-year-old teacher.
Police were needed to restrain family members of the victim, who had alleged that the teacher had pulled his penis during a class in January.
The eight-year-old had been subjected to more than five hours of cross-examination during the trial with Mr. Mussenden accusing of him of being in a liar, living in a fantasy world and making up the whole accusation.
Crown counsel Anthony Blackman had applied for the youngster to give evidence in a closed court, which was accepted by the magistrate, although no screen was provided even though one was available.
Although this removed the distraction of what would have been a room packed with 35 adults, it also left him without any parental support as he remained in the room with just Mr. Mussenden, Mr. Blackman, the magistrate, a Royal Gazette reporter and the accused, who at times was only a few feet from the youngster.
The child was left upset at the end of each day, even telling his parents that he didn't want to go back in the courtroom after one particularly uncomfortable session of questioning.
The youngster, who cannot be named for legal reasons, has not yet been told the case has collapsed with his parents planning to tell him in the presence of a counsellor later this week.
