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UPDATE: Chef accused of rape found not guilty; plans to stay focused

November 20th, 2012 | Tags: Oswin Barker rape court news Albert Redhead Court Order
Oswin Barker (right with sunglasses on), seen here with his attorney Stephen Daniels , has been found not guilty of committing rape. Photo: VINO/File
ROAD TOWN, Tortola, VI - Guyanese accused Oswin Barker was yesterday November 20, 2012 found not guilty on the charge of rape in the High Court. The verdict was confirmed by attorney Stephen Daniels and his client Mr Barker. His trial began on November 12, 2012.

Attorney-at-law Stephen Daniels explained that the verdict was unanimous and noted that the eight women one man each returned a not guilty verdict.

Expressing his thoughts on the verdict, the now relieved Mr Barker said “I feel great, because the truth came out… I was speaking the truth… [the sexual encounter] did happen.” “If I had raped her then I would have been found guilty,” the chef said, “but I didn’t rape her… we did have a relationship, we had sex and everything but [it was consensual].”

“God is good,” he added, “the truth had to come out.”

Mr Barker thanked his lawyer who he revealed did everything for him to prove his innocence. He expressed thanks also for the persons who posted his bail through his attorney’s intervention.

Regarding his plans for the future Barker said, “I have to make a step, because it’s my career… I’ve been out of a job for how many months… I was home all the time and doing nothing… my bills… everything just backed up and [there is also the issue of] my name, it’s a stain on my name… I know what I have to do… I will discuss with my lawyer and then I’ll move from there.”

“I’m just going to stay focused for now,” Mr Barker related.

see previous story below:

The alleged victim involved in the rape trial of Guyanese accused Oswin Barker told the court that she unsuccessfully called her boyfriend, Isaac Ragnauth, "a thousand times" after the alleged rape occurred as she continued to give evidence for the second day of the trial on November 13, 2012.

The witness further told the court “God knows it’s true.” Both the accused and alleged victim are Guyanese nationals. The incident allegedly took place on March 21, 2012 following a birthday celebration hangout for the defendant. His birthday was on March 20, 2012.
During her testimony the VC had become steadily emotional and this rose to a crescendo as the day’s final session drew to a close. She dramatically pointed an accusing finger at the defendant declaring loudly, “I punched Oswin in his face… in your face… I punched you... you know that I punched you Oswin… it’s true.”
“I hit him all over the body… I punched him in his face, I know it’s true,” she said while sobbing loudly.
The defence lawyer, Stephen Daniels, then suggested to the VC that she had a three-month long intimate relationship with the defendant to which she loudly replied, “I never had sex with Oswin… I never did, I never did had sex with Oswin.”
Earlier the VC denied ever going to a beach with the defendant before the alleged rape occurred.
She further told the court that they never had sex previously and she never bit him before despite the defence lawyer’s suggestion that she regularly bit him during lovemaking despite his request for her not to do so since he lived with his girlfriend at the time.
“Not true,” she said when it was put to her by Daniels that the two would spend long hours together during the evenings. The alleged victim said she never went to Long Beach to swim and in fact couldn't swim.
The woman did admit, however, that the defendant dropped her home once when she was suspended but could not recall being taken to a private beach by the defendant.
She further agreed that she attended a party with the defendant but denied telling him she would remain in the car or wanted to leave because she did not want to encounter her close friend at the party.
The VC further denied going to Brandy Wine Bay beach after the party and insisted that she went home immediately afterwards.
She also stated that she dialed a friend’s number to show the accused that she was calling about her concern at not being dropped at her home on an earlier night. The witness had previously said she recalled the defendant turning his car around at the CSY dock after the lawyer suggested this never happened.
The court heard that the VC was unsure whether the defendant had called on the evening of March 17, 2012. She said, “it could be yes, Oswin called, because usually when he reached home he would call to say he reached home.”
She also flatly denied initiating an intimate encounter in the office bathroom; she further denied that the defendant requested that they “finish” the encounter later as they both had to work. “We never went into the bathroom, we never had this conversation,” she said.
The alleged victim agreed that she could have called anyone other than the accused to get a ride on the night of the alleged incident but felt it was convenient since he had worked on the said night. “I could have called anybody, but Oswin worked that night, so I got a ride with him.” She also told the court that she was not in fear of the defendant at the time of accepting the ride.
The VC told the court that before the incident occurred, the defendant forcibly put his mouth on her private area and began to suck it, she also said that he came back on her in a flash then she felt him penetrate her. She indicated to the court that she was not aroused at the time but felt “dry” during the incident. She admitted to feeling bruised after the encounter.
She further stated that the incident did not last long, as he just pushed her up against the seat and left her there.
The alleged victim said she fought the defendant and screamed throughout the ordeal.
The lawyer told the VC that it was Isaac Ragnauth who had spotted the two at the beach at the time and she denied this.


We apologise for having to remove previous blogs posted on this story and to deactivate comments section on the instruction of High Court Judge Albert Redhead, acting by way of a written Court Order.

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