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Emotions run high at sex assault trial

Defence attorney Patricia Harvey-Burch had to request a five-minute recess from Puisne Judge Philip Storr after not being able to hold back her tears.

rape trial.

Defence attorney Patricia Harvey-Burch had to request a five-minute recess from Puisne Judge Philip Storr after not being able to hold back her tears.

The pause came as the attorney, of Harvey & Associates, touched on the subject of Bermuda's youth falling victim to drugs.

Representing a 24-year-old Sandys man, who cannot be named, charged with serious sexual assault and stealing, Ms Harvey-Burch was in the middle of cross-examining the case's complainant.

She revealed to The Royal Gazette that an unnamed female crack addict she had encountered during her practice, and whose name had come up in yesterday's testimony, had been what stirred her emotions.

It was this encounter that had enabled Ms Harvey-Burch "to witness first hand the devastating effect that drug addiction can have on the life of someone who should be a productive and contributing member of our society''.

The attorney continued: "I was just reminded of the huge waste of talent in our Island. There are so many bright, young Bermudians caught up in the vicious cycle of drugs.'' Ms Harvey-Burch pointed to several discrepancies between the 38-year-old complainant's two Police statements and her testimony in court.

She ventured the opinion that the woman had not been raped but had "solicited the defendant for sex in the hope of being repaid with drugs''. This was denied by the complainant.

The six-man, six-woman jury heard evidence from a Government analyst's report that showed a urine sample of the complainant taken after the incident contained traces of cocaine.

The complainant admitted that she had tried cocaine "in the past'' and also admitted to smoking "a marijuana joint'' hours before the alleged rape took place.

Evidence from blood tests also revealed that the complainant had been drinking on the night in question.

Ms Harvey-Burch put it to the court that the complainant had been "high on cocaine'' when she picked up the defendant and that, after consensual sex, went to the Police station because the defendant had not given her any drugs in return. Again, the witness denied it.

"I went to the Police station because I thought he might go on and take another victim. He said he had never been caught so I decided to do the right thing...'' During re-examination, Crown counsel Sandra Bacchus asked the witness if she had any knowledge of the results of her urine test. She said no and added that, even if she had known, it would not have changed her desire to testify against the defendant.

"He raped me. At first I was scared but afterwards I decided that I wouldn't back off...'' Earlier the witness described how, on March 27, she had been forced to have intercourse with an acquaintance several times after she offered him a lift on Bob's Valley Road, Sandys just after midnight.

The court heard the defendant had threatened to shoot her if she did not drive to a secluded spot off the Railway trail where he, allegedly, grabbed her by the throat and had intercourse with her three times.

Also called to the witness stand was Somerset duty officer Andrea Tucker, who was at the front desk when the complainant arrived on the night in question.

It was revealed that Ms Tucker has known the complainant "as an acquaintance'' all her life.

Asked what the woman's demeanour was when she appeared at the station, Ms Tucker said: "She seemed withdrawn. Both upset and frightened.''