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Rape accused freed after complainant refuses to testify
Leroy Deonarine walked out of the Georgetown High Court a free man yesterday, after he was acquitted of rape.
Leroy Deonarine
Deonarine, called “Baby,” was charged for having carnal knowledge of a female under 16 years old. The incident is said to have occurred on February 4, 2012.
On Tuesday, a mixed 12-member jury was also empanelled to oversee Deonarine’s trial before Justice Franklyn Holder. However, the commencement of the trial was terminated yesterday after the virtual complainant said that she did not wish to tell her story to the court.
After entering the witness box, the timid looking 17-year–old, at the prompting of State Counsel, Teeshana Lake, recalled that she had given a report relative to an alleged rape committed against her to the police on February 5, 2012.
She appeared to be uncomfortable as she answered the prosecutor’s questions.
Clad in a blue jeans and a plaid shirt, the complainant wore a barely noticeable smile as she spoke; she fiddled with her blouse and gave slight glances in the direction of the prisoner’s dock.
The teenager subsequently identified the accused as the person whom she made the complaint against but remained silent after the prosecutor directed her to proceed telling her story.
“Tell the court what you told me yesterday,” Prosecutor Lake said repeatedly to the complainant, who remained silent. The girl appeared intimidated.
“Don’t be afraid; take your time and tell us your story.” But the girl remained silent. This resulted in a brief adjournment.
When the matter resumed, the teen returned to the witness box and told the court that she did not want to talk her story.
Prosecutor Lake then asked the victim whether anyone had forced or threatened her not to tell her story in court.
“No,” the girl replied. Asked whether anyone had promised her money if she didn’t tell her story in court, she also responded in the negative. The prosecution then asked her whether she knows that if she doesn’t talk her story in court the case against the accused will end and he will be going home at some time.
The victim nodded in the affirmative; she later confirmed that it was her decision not to tell her story to the court.
In light of the decision, the prosecution noted that the State will not be offering any evidence against the accused.
The Judge then instructed the accused, who was seated in the prisoner’s dock, to stand.
Justice Franklyn Holder told Deonarine that since the complainant opted not to tell her story and wants the matter to end, the Prosecution has no further evidence against him neither does he have a case to answer.
The Judge directed the jury to return a formal not guilty verdict in favour of the accused, freeing him of the rape charge.
“Go and behave yourself right,” the judge said.
“Yes sir,” Deonarine responded before leaving the courtroom. The accused would have spent three years behind bars pending his trial. He had no legal representation during yesterday’s proceeding.
Prosecutor Lake presented the case in association with Attorneys-at-law Orintha Schmidt and Shawnette Austin.
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