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Crown experiencing "difficulties" in rape case involving Jamaican

- Court receives unsigned letter
Paul Alexander is accused of rape that was allegedly committed in East End in August 2012 and reported to the East End Police Station. Photo: VINO/File
ROAD TOWN, Tortola, VI – The rape case involving Jamaican national and resident of the Virgin Islands, Paul Alexander, appears to be no closer to resolution as an adjournment was once again requested due to “difficulties” being experienced by the Crown.

When the case came before the Magistrate’s Court today, October 19, 2012, Crown Counsel Sarah Benjamin, who said she was holding for colleague Ms Leslie-Ann Faulkner, explained that the Virtual Complainant (VC) made certain indications to the Crown and also to the court.

Magistrate Tamia Richards interrupted Ms Benjamin to ask whether she was referring to an unsigned letter received by the court. The Magistrate then said that she had no idea who it was from.

Ms Benjamin then indicated that the Crown was hoping to proceed with an adjournment in the matter but could not at the same time confirm whether the file was ready or disclosure was made to the defence. Defence attorney, Ruthilia Maximea indicated that no disclosure was made thus far.

Ms Maximea then said that the VC approached her and indicated certain things as well and she directed her to the prosecution which she said was the proper channel for the information and also asked that the court take the revelations into consideration.

Magistrate Richards indicated that regardless of her indications, the matter was ultimately not up to the VC as a report had been made in the matter which meant due process had to be followed.

Ms Benjamin said she would ask that a summons be issued for the VC in the matter. Magistrate Richards said disclosure is to be made to the defence by October 26, 2012 latest.

Previously, Crown counsel Leslie-Ann Faulkner told the court on October 2, 2012 that further statements were to be submitted by investigating officers but she could not confirm whether these had arrived since they were not received in hand.

Miss Faulkner explained that a letter of instructions was to be received from the virtual complainant (VC) but this had also not been delivered. She promised to meet with her to retrieve same.

The complainant was also to be contacted about whether she would be proceeding with the matter since there had been certain disclosures made in a letter that had been previously submitted to the East End Police Station.

According to court records, the VC in this matter was allegedly standing on 42nd Street in East End in search of a ride to visit her aunt in Parham Town, when the defendant drove by and offered same.

The court understood that the defendant and the VC knew each other for four years and allegedly shared an intimate relationship, which ended in May 2012.

Ms. Faulkner, in her initial appearance for the Crown, indicated that according to the VC, the relationship between the two ended because she found out he was allegedly sleeping with another female.

The court was further informed that on August 19, 2012, around 10:45 A.M. the defendant offered the VC a ride, which she accepted.

It was stated that while travelling towards town in the vehicle, the defendant, started kissing and touching her and the VC asked him to stop.

Alexander then reportedly drove past Parham Town and headed to Beef Island. The report indicated that upon realisation of this, the VC attempted to open the door, when he passed her destination, in hopes that he would stop but he did not.

The court was further informed that the defendant allegedly drove straight to Little Mountain, on Beef Island, parked the jeep, climbed over on the VC and told her he wanted to have sex, which she said no to and asked him to stop.

The allegations further stated that the man forcefully pulled down the VC’s pants and underwear, and in a struggle, had sexual intercourse.

Statements coming from the VC stated that Mr. Alexander held both her hands over her head, and that he wasn't wearing a condom at the time and ejaculated in her.

The court was then told that after the act, the VC allegedly jumped out of the vehicle and stood on the roadside where she then got a ride to the East End police Station where she was able to make a report to officers of what had just occurred.

Magistrate Richards had informed the defendant that rape is one of the most serious offences and one that carries a sentence of life imprisonment.

Alexander, who remains on remand after being offered $70,000 bail in the matter, will return to court on November 8, 2012.

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