Jamaican found guilty of sex assault
A sex assault and battery victim?s family cried tears of joy as the man who had caused their daughter and family so much pain and suffering was served with justice.
The five man seven woman jury found Rohan (Junior) Rockion Richards guilty of six of the seven counts in his sexual assault and battery trial yesterday in Supreme Court.
The victim in the case agreed to an interview and the naming of Richards ? even though that could lead to her identification.
The 30-year-old Jamaican national had been charged with two counts of serious sexual assault causing bodily harm, two counts of unlawful wounding with the intent to do grievous bodily harm, burglary and two counts of intimidating a witness in February and May, 2003.
Richards was found guilty by a majority verdict of the first count of serious sexual assault causing bodily harm.
The jury reached a unanimous guilty verdict for both counts of unlawful wounding with the intent to do grievous bodily harm, burglary and the first count of intimidating a witness.
A verdict for the second intimidating a witness count was not reached by the jury. Chief Justice Richard Ground discharged the count.
Defence lawyer Shade Subair said: ?I will take instruction and direction from my client for a possible appeal.?
The week and a half long trial reached its climax yesterday when Mr. Justice Ground gave his summation, urging the jury to follow the law and decide the case on the evidence.
He told the jury that they were not bound to accept counsel?s arguments if they did not believe it.
Mr. Justice Ground stressed how important it was for the jury to be sure of the defendant?s guilt before deciding if he was guilty.
He repeatedly told the jury that the defendant did not have to prove his innocence and that they should not assume that he is guilty because he did not testify and encouraged the jury to look at his character before deciding his fate
Mr. Justice Ground summarised the whole case from when the victim and defendant met up until he was arrested on May 24, 2003 and went over the indictment so that the jury would have clarification for each of the counts.
And he proceeded to tell the jury that the defendant has no previous known convictions in Bermuda or his home of Jamaica.
He encouraged the jury to try to reach a unanimous verdict during their deliberation.
Mr. Justice Ground focused on key points in the trial such as the letter the victim allegedly wrote the defendant, the defendant?s former mistress and the witnesses counsel brought to the jury.
He told the jury to recall the key witnesses ? the victim, her former friend, the neighbour and the defendant?s friend ? demeanour during their testimony.
He said that would be how the jury could decide who was telling the truth.
Previously in the trial, the prosecution brought numerous witnesses to the stand to confirm the victim?s story.
The stories matched the victim?s except for a few minor details. On Tuesday during closing arguments, Ms Subair encouraged the jury to look at the inconsistencies in the victim?s story to determine if she was telling the truth.
The victim had previously suggested that she forgot minor things because the incidents happened over two years ago.
Crown Council Carrington Mahoney suggested that two of defence?s witnesses were not credible.
Throughout the trial the jury viewed photographs, heard letters and saw witnesses give testimonies which ultimately helped them to decide the fate of Richards. Richards will appear before court for mention and a possible sentencing on July 4.
