Berbice teacher charged with having sex with student freed

Aug 22, 2012 News

A school teacher charged under the new sexual offences laws with having sex with one of his students, had the matter against him discharged yesterday.
Justice James Bovell-Drakes, at the Berbice High Court, discharged the matter in which school teacher, Ronald Forde, 27, of Bel Air, West Coast Berbice, was on trial before a jury. He was charged with four counts, including sexual activity with a child and abusing his position of privilege.

Accused Teacher: Ronald Forde

This position by the Judge was taken following a ruling by Chief Justice (ag) Ian Chang, on August 10th, in which he had ruled that paper committals under the new sexual offence act was a breach of a one’s constitutional rights.
Forde was alleged to have between Wednesday, September 1st and September 30th, 2010, had sex with the student who was 14 years at the time. The accused was a teacher at the West Coast Berbice.
Before discharging the matter, Justice Drakes in addressing the jury explained that the accused was charged under the new provision of the Sexual Offences Act of July 2010 which allowed the statement taken by the police to be used as the deposition during the trial. The judge was of the view that it was not correct.
Giving a further background of this ruling, he stated that the Chief Magistrate referring to Article 153 of the Constitution had asked the Chief Justice to determine whether:
– an accused can be lawfully committed to stand trial pursuant to the provision for a paper committal under the new Sexual Offences Act 2010 without giving him an opportunity to be heard.
– the provision of the Sexual Offences Act 2010 which do not permit the accused to be heard is a breach of Article 144(1), (2) (D) and (E) of the Constitution.
Regarding the first issue, the Chief Justice had ruled that one cannot be committed. In relation to the second one, he had ruled that it was a breach of one’s constitutional rights.
Justice Drakes in his address stated that he recognized the ruling of Chief Justice Ian Chang and as a result the Preliminary Inquiry has been a nullity. As a result, everything that follows from it is a nullity including the indictment.
Turning to the accused he told Ford “the police have to charge you again in this matter. You are discharged.”
The unrepresented accused, in realizing he was free, made an immediate dash from the court. Forde was arrested at the school and taken into custody after video clips taken on his cell phone were allegedly seen of him having sex with the student of the secondary school.
He had complained of losing his cell phone. The phone was eventually located and after it was examined, it was found to contain incriminating images of him having sex with the student.
The matter was subsequently reported and armed ranks of B Division swooped down at the school and arrested the teacher. He was refused bail in the Magistrate’s court and was subsequently granted his pre-trail liberty in the High Court.