Carlton Herbert as he was about to enter the Magistrate's court on December 6, 2012. Photo: VINO

Herbert faces three charges of procuring acts of indecent assault with a minor, three charges of indecent assault and one charge of wrongful confinement. He pleaded not guilty to all the charges.

The case was set for trial today, but the defendant’s attorney Mary-Lou Creque informed the court that the defence did not finalise its examination of the evidence disclosed.

As a result of this, the attorney applied for an adjournment and suggested that the matter be heard in Virgin Gorda considering that many of the witnesses live there.

Principal Crown Counsel Tiffany Scatliffe, who is jointly prosecuting the matter with Director of Public Prosecutions, Wayne Rajbansie, offered no objection to the request made by Creque.

Scatliffe also informed the court that the Crown intended to call six witnesses during the duration of the trial.

Trial dates of March 25 and April 15 were selected for the matter to be heard in Virgin Gorda.

See previous story posted December 6, 2012:

UPDATE: VG Teacher arraigned on 7 Charges

ROAD TOWN, Tortola, VI - Carlton Herbert, 30, a school teacher of Virgin Gorda, was brought before the Magistrate's court today, December 6, 2012 on seven charges of indecent assault, procuring acts of indecency and wrongful confinement.

The defendant faced three charges of procuring acts of indecent assault with a minor child, three charges of indecent assault and one charge of wrongful confinement. He pleaded not guilty to all the charges.

The defendant is a teacher for the past 13 years at the Bregado Flax Educational Centre (BFEC) Secondary Division in Valley, Virgin Gorda and was granted bail in the sum of $100,000 with two sureties and a cash component of $10,000.

Director of Public Prosecutions, Wayne Rajbansie, in reading the allegations told the court that in relation to the first Virtual Complainant (VC), a student of the same school as Herbert, the defendant invited her into his woodwork class on November 12, 2012.

Further, another student was also present in the classroom at the said time when the defendant allegedly touched the VC inappropriately. The defendant subsequently encouraged the other student to commit an alleged act of indecent assault against the VC; the accused was further alleged to have locked the door of the classroom, allowing the act to be committed.

The court was further informed that the VC resisted the act of indecency committed upon her and subsequently made a complaint on November 30, 2012 to the Principal of the school which was later brought to the attention of the Social Development Department and later, the Police. This led to the defendant being charged and later brought before the court.

The DPP related to the court that the second VC, who is also a student of the BFEC Secondary Division, was also allegedly invited by the accused into his woodwork classroom on November 22, 2012. Two students were also present at the time of the invitation. The accused allegedly spoke to the VC and touched her inappropriately in the presence of the two male students.

He later allegedly procured another male student to do likewise; the VC resisted both efforts.

The defendant, who is represented by attorney Mary Lou Creque, was revealed to have been born in Florida and residing in the Territory from the age of six years. It was further explained that he was married with a 3-year-old daughter.

With regard to his bail conditions, he was instructed by Senior Magistrate Tamia Richards to report to the VG Police Station on Mondays and Fridays between 6AM and 12noon; surrender his travel documents and also have no contact whether in person, electronically or otherwise with any of the Virtual Complainants involved in the matter or other individuals or their families connected with the matter.

He will return to court on February 13, 2013.