Just over a year after he was charged with allegedly sexually assaulting the Deputy Mayor of Lethem, Regional Executive Officer for Region Nine. Carl Parker, walked out of Court a free man, after Magistrate Alan Wilson upheld the no-case submission by his Attorney, Jerome Khan.
Parker and his family members erupted in celebration in the Courthouse today after the decision was handed down.
He was charged in February 2017, after it was alleged by the young woman that on the 6th June, 2016 at Yupukari Village, Region 9, he touched her in a sexual manner without her consent.
The matter was only reported to Police on 30th December 2016, six months after it allegedly occurred.
According to Attorney Jerome Khan, the trial, which commenced on the 6th March, 2017, was delayed several times by the woman making the accusation, who first requested to have her own Prosecutor, then failed to appear claiming illness during the trial.
Attorney-at-law, Mr. Jerome Khan had complained to the Court that the complainant was deliberately frustrating justice for his client by employing delaying tactics to avoid Cross-Examination on her Evidence-in-Chief.
During her statement to the Court, she had claimed that she could not leave the room which she shared with Carl Parker during their visit to Yupukari, as she needed a key, which she claimed was under the control of Carl Parker, to exit the room from the inside.
However, Detective Sargent Seetaram told the Court during his testimony that he was instructed to investigate the matter and to specifically find out whether or not a key was required to exit the room. Seetaram said it was not true that there was a need for a key to unlock the door to exit the room. He said exit from the room was by simply turning a door knob.
Seetaram also told the Court that the said lock was never changed from the period of June, 2016 to when he was directed to investigate this aspect of the matter.
In handing down his decision today, Magistrate Wilson said that the charge was bad in law and rather than charging for an offence under the sexual offenses act, the charge was laid using the penalty clause.
The Prosecution had closed its case after submissions were made by both Defence Counsel, Jerome Khan and the Prosecutor. The Magistrate ruled that the charge now cannot be amended.
Parker had been interdicted from duty after the charge was laid down against him. He had always maintained his innocence.