Sep 30, 2011 News
Carl Alleyne Wren was yesterday found not guilty on three counts of carnal knowledge by way of unanimous verdict.
The charges states that Wren had Carnal Knowledge of a girl under 12 years old between October 1-31, 2003, then on November 1-30, 2003, and lastly on February 1-29, 2004.
The matter was being heard before Justice Winston Patterson.
Prosecutors Teshana James-Lake, together with Judith Gildharie-Mursalin represented the state, while attorney Adrian Thompson stood for Wren.
The prosecution called five witnesses to testify including the now 20-year-old Virtual Complainant who told the jury that Wren was her cousin’s reputed husband and they lived in adjacent apartments.
On those three occasions, he lured her over to his apartment and had sexual intercourse with her. She never told anyone because she was embarrassed and scared.
Among the witnesses who testified was Dr. Mohan Persaud who explained his findings as stated on the medical certificate he had issued following his examination of the VC. He explained that her hymen was not intact.
In order to establish her age to satisfy the elements of the offence as charged, the Prosecution tendered the VC’s birth certificate through her father and her date of birth is stated as 16th September 1991.
Corporal Johann Henry also testified that following the report made by the VC, Wren could not be found for two months and efforts to contact him proved futile.
In his defence, Wren, who was represented by Adrian Thompson, took the witness stand and gave sworn evidence that he never had sexual intercourse with the VC, his cousin-in-law.
He claimed that he worked seven days a week and even nights and was rarely at home. He also said that his reputed wife had recently given birth by caesarean section and she was ill and at home during the relevant period so what the VC claimed could not have transpired.
Wren told the jury that even though he was not getting any sex from his reputed wife, he did not attack the VC and rape her.
He suggested that the VC trumped up the allegations against him because her family had numerous problems with him, mostly over money.
In summing up the evidence for the 11-member jury, as one had been discharged during the trial since he indicated he knew the VC’s father, Justice Patterson told them that the VC was a child protected by the law and consent was immaterial to the case.
He told them even if they found that the VC stripped naked and called Wren to have sexual intercourse with her, she was incapable of consent and all they had to find was that sexual intercourse with the VC did take place and it was Wren who had sex with her.
Justice Patterson also told them they had to decide whether the VC impressed them as a witness of truth or whether they believed her allegations were spiteful against Wren and that she had been influenced by her adult relatives.
After deliberating for less than three hours, the jury returned a unanimous verdict of not guilty on all three counts which caused the VC and her relatives to gasp with apparent shock.
The VC then began crying while her mother looked upward and said, “God is in charge, but there is no justice.”
Justice Patterson, in discharging Wren, told him that he had to live with his conscience if anything did happen.
He also said that the evidence was clear that the VC had been defiled but he was sure the jury had considered all the circumstances and aspects of the matter before reaching their decision.
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