Woman grilled in rape case
Supreme Court yesterday for further examination by defence lawyers.
And Archie Warner suggested to the woman: "You have a convenient memory for your own purpose.'' When the woman was asked if she remembered the incident's sequence of events when it happened nearly two years ago, she replied that she had initially thought both men had sex with her but was not sure.
The two men, who, like the alleged victim, cannot be identified for legal reasons, are charged with seriously sexually assaulting the woman on December 11, 1994 at the Vesey Street equestrian centre in Devonshire, while being concerned together.
The court had heard that after the attack, the woman went to a nearby business where a female friend was.
Yesterday, the alleged victim was shown her friend's statement to Police.
It recorded that she told her friend that the heavier man had sex with her while the thinner one held her down and that the thinner man then tried to have sex with her, but she could not tell if he succeeded.
However Mr. Warner reminded the complainant that she testified in court that the skinnier man had raped her while the heavier one held her.
He asked her why she had said different things and the complainant replied that she had initially thought both men had sex with her.
But Mr. Warner said she had told the first person she saw that the thinner man had held her while the bigger man had sex with her. Now, he told the court, she was saying she was not sure.
Mr. Warner suggested she was making up things as she went along to explain what she had been doing with two men at Vesey Street at night.
The complainant denied this and said she had been upset when she saw the woman and could not remember the conversation with her friend.
But Mr. Warner suggested she must have been in control of herself as she could remember the licence plate number on one of the men's cycles.
The woman replied she could remember the number, but said her friend must have been mistaken about the bigger and thinner men. She said she knew the thinner one had raped her.
Pathologist Dr. Keith Cunningham also testified yesterday and said when he examined the three people involved he looked for signs of defensive injuries as genital injuries were relatively infrequent in this type of case.
Penetration normally occurred when the victim of sexual assault was subdued physically or threatened so the doctor said he looked for signs of where they had tried to fight back.
Dr. Cunningham added that the woman's uncoordinated movements when he saw her after the alleged attack suggested she could have fallen down during the night and said the bruise on her lower back could have been caused by falling.
He agreed that if the woman had fallen into some bushes the branches could have caused the scratches he found on her face.
But a better way to put it, he said, was that a fingernail was not the only possible source of the woman's scratches.
The trial before Puisne Judge Vincent Meerabux continues.
