After more than two days of legal arguments, Acting Magistrate Justin Williams decided not to hear expert witness testimony from psychologist Dr. Ann Dell Duncan in a child sexual exploitation trial.

A 31-year-old St. George's man is accused of fondling the girl on three separate occasions when she was six years old.

Dr. Dell Duncan has been treating the girl since she told her parents of the alleged incidents in September of last year.

She also conducted the initial videotaped interviews with girl when the allegations were made.

Mr. Williams said that having listened to the arguments presented by Crown Counsel Juan Wolffe and defence attorney Liz Christopher and examined the report of Dr. Dell Duncan, he determined her testimony would not be relevant to the case.

"Dr. Dell Duncan is not in the position to testify to any matters presently before the court,'' Mr. Williams said. Because Dr. Dell Duncan would have been testifying about conclusions she drew based on things the girl told her, her testimony would have amounted to hearsay under current Bermuda laws.

Mr. Williams said that while some Commonwealth jurisdictions have amended their legislation to allow expert witness testimony with regards to child sexual abuse Bermuda has not. "Unfortunately, we've not got there yet,'' he said.

The Crown then called Dr. Vente Lundh, a paediatrician who conducted a physical examination on the girl after the allegations were made.

Dr. Lundh told that court that over the course of her career she has seen hundreds of child sexual abuse cases.

She said that only "very rarely'' in these cases is there physical evidence such as bruising, bleeding or lacerations.

Dr. Lundh told the court that she noticed some redness about the girl's genital area but other than the girl "had normal pre-pubescent genitalia''.

On cross examination she agreed that the redness she noticed was "minimal''.

"Would it not be correct that a myriad of things could have caused that,'' asked Ms Christopher and Dr. Lundh replied "yes''.

Dr. Lundh also said she tested the girl for a urinary tract infection because there was a report the girl was wetting herself.

"Is urinary incontinence consistent with a child that has been sexually abused,'' asked Mr. Wolffe. "Absolutely,'' said Dr. Lundh.

The trial has adjourned for one week and Ms Christopher is expected to make a decision on whether to recall the girl to the witness box.