jury unanimous in buggery guilty verdict
guilty of forcing a 35-year-old woman to have anal sex with him on a South Shore beach.
But defence lawyer Mr. Philip Perinchief said there was a "good chance'' he would appeal based on Puisne Judge the Hon. Mrs. Justice Wade's summary for the jury.
Sentencing of the 42-year-old Sandys Parish resident was put off for three weeks following Mrs. Justice Wade's ordering of a social inquiry report.
Mr. Perinchief requested the report because his client has no similar convictions and has never been in prison -- although he was fined for obstructing police and possession of drug equipment.
The offence of buggery carries a maximum sentence of 10 years.
The seven-woman five-man jury took just over two hours to reach a verdict in the three-day trial.
Crown counsel Mr. Brian Calhoun called the offence "a rather brutal attack'' and a "classic case of date rape''.
Directing the jurors on the law, Mrs. Justice Wade said they could only find Phillips guilty of one of the three offences he was charged with.
Phillips, a divorcee with no children, denied having carnal knowledge of the American woman against the order of nature (buggery). He also denied the alternate charges of attempting to rape her and indecently assaulting her.
The complainant was flown in for the trial from the US where she now lives having divorced her Bermudian husband a month before she was sexually attacked by Phillips on the afternoon of December 12, 1990.
The woman said she willingly went down a fairly steep cliff to a secluded, half-private beach in Warwick with Phillips to chat, but became concerned when she saw no tourists on it.
She said they had been sitting on a rock chatting for a few minutes when Phillips kissed her.
She said she tried to fight him off but he unzipped his trousers, pulled off her underwear, and while holding her tightly had anal sex with her against her will.
The woman said she tried to get away and screamed loudly the whole time.
Phillips and the complainant did not dispute that they first met each other in Somerset one hour earlier. The complainant said Phillips called out to her and after a brief discussion about her in-laws and invited her to lunch at the Paraquet Restaurant and then the beach.
While summing up the evidence and directing the jury on the law, Mrs. Justice Wade said consent was not a defence for buggery.
She reminded them the Crown's position was the complainant's vagina was never entered, but Phillips insisted he entered her there and not her anus.
The judge also reminded the jury of Dr. Keith Cunningham's evidence that there was soreness in the woman's anal area consistent with her having anal sex and that her anus was abnormally large.
And she said Dr. Cunningham testified there was tenderness to the woman's shoulders and breasts where she says she was gripped roughly by Phillips.
Although Dr. Cunningham said the slight bruising could have been from a grip of passion, Mrs. Justice Wade reminded the jury that Phillips testified he had never gripped her passionately.
In fact, Phillips testified he was "turned off'' by the woman when he saw her naked and only had sex with her so as not to offend her.
He said sex was not on his mind when he took her down to the beach. He told the jury he had only wanted "enjoy the pleasant view'' and see the "waves rushing up on the rocks''.
During his cross examination of Phillips, Mr. Calhoun had asked him what it was about him that made the woman allegedly "want his body in just one hour''.
He further asked the defendant if he thought he had "an easy target on his hands'' because the complainant appeared "gullible, naive and not all that bright''.
Mr. Perinchief told the jury in his final summation that "by any stretch of imagination'' the way down to the beach was "treacherous''. He asked jurors to consider why a woman would go down such a cliff with a total stranger.
He also questioned why -- if the attack had been "brutal'' as Mr. Calhoun alleged -- her dress or underwear was not torn and she had not sustained any injuries other than tenderness to her breast and shoulders.
Mr. Perinchief said the woman decided to report the incident to Police the next day because it was against her religion and was playing on her conscience.
He added she may also have been upset with Phillips because he had not wanted to continue having sex with her on the beach.
Because Phillips had never been in prison and had no convictions for sex offences, Mrs. Justice Wade agreed to order a social inquiry report and remanded him in custody for three weeks.
