A university student sexual assault case that was before the Kingston and St Andrew Parish Court has ended with the accused man being freed of all charges after the court upheld a no-case submission.
The 25-year-old university student had been facing charges of sexual touching and indecent assault stemming from allegations made by a teenage relative. Prosecutors alleged that the incidents occurred between July and August 2024 when the complainant was under the age of 16.
However, Parish Court Judge Simone Walker-McFarlane ruled that the prosecution had failed to establish a case for the defendant to answer. The ruling came after defence attorney Javed Grant challenged both the evidence presented and the manner in which the investigation was conducted.
During the proceedings, the court examined several inconsistencies in the complainant’s testimony. Evidence revealed that the complainant initially stated that the first alleged incident occurred when she was alone with the accused. Under cross-examination, however, she reportedly acknowledged that they were never by themselves and were always in the presence of family members or other adults.
The court also heard evidence regarding handwritten notes allegedly connected to the matter. Questions arose over the origin of the notes and who had written them. Testimony indicated that the complainant at one stage attributed the notes to another person before later alleging that they had been written by the accused.
Further concerns were raised about the police investigation. The investigating officer reportedly admitted that statements were only collected from the complainant and her mother before charges were laid.
No statements were taken from other individuals who may have been potential witnesses, and no evidence was presented to show that efforts had been made to obtain additional accounts relevant to the case.
In delivering her ruling, Judge Walker-McFarlane cited the inconsistencies in the evidence and upheld the no-case submission made on behalf of the accused.
As a result, the case concluded with the defendant being discharged of the charges brought against him.
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