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SOURCE: ANTIGUA OBSERVER- The Director of Public Prosecutions has discontinued a rape case against two police officers after the complainant allegedly violated court orders.
On Monday, during the trial which began earlier this month, the DPP entered a nolle prosequi – a formal notice of discontinuation- exercising his discretion after assessing that the circumstances would impact the outcome of the case.
Defence counsel Andrew Okola informed the court that prior to the trial, the complainant had provided case materials and information to social media influencer ‘Mongoose,’ who posted them to his platform with thousands of followers.
The materials were reportedly evidence that should not have been disseminated outside the court proceedings.
The lawyer also informed the court that the complainant had been discussing the case with an individual throughout the proceedings, in direct violation of court orders.
The trial, which was before Justice Ann-Marie Smith and a jury of nine, involved allegations dating back more than seven years to May 12, 2017.
According to the complainant’s testimony, the incident occurred an evening when she was socializing with members of a WhatsApp group that included both defendants.
She alleged both defendants sexually assaulted her in a vehicle—claiming the second defendant had intercourse with her while the first defendant forced her to perform oral sex at gunpoint.
She testified they switched positions, and the first defendant had intercourse with her, including forced anal penetration. She said she was punched when she resisted.
She testified the defendants then agreed the space was too confining and said they would continue the next day, threatening to kill her if she told anyone.
The woman admitted that after the ordeal, the three proceeded to a bar at Pensioners Beach as originally planned, and she left shortly after arriving.
She said she went to another bar afterward and returned home in the morning. On the following Monday, she reported the incident to Police Headquarters.
Officers visited the scene, and the complainant testified that a wrapper and condom were still present. She subsequently gave a formal statement and underwent a rape kit examination.
During cross-examination, the complainant faced challenges to several aspects of her testimony. The defence suggested there was no stop on the way to Pensioners Beach.
When asked if she told them to stop and let her out, she said no, but maintained she attempted to exit when the first left turn was made.
Okola attempted to undermine her credibility by suggesting she had been drinking and either didn’t remember events or that discrepancies between her court testimony and police statement indicated the alleged assault never occurred.
The case has now been formally discontinued. Okola told Observer that he is “happy that the officers can now move on with their lives.”
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wow! This is MADNESS!!!!!
Move on with rheir lives?????
Ok!
I think the appropriate thing for this case was for dismissal. It was clear enough wasn’t there for criminal charges when the defendants were charged. Credibility and capacity weren’t assessed before deciding whether to charge.
Also, no rape case should take 7 years to go to trial. I demand for statutes that clearly says cases must be handled/disposed of within 1 year, for serious criminal charges, and 1 to 3 months for minor offenses.
This is what the Attorney General and ABLP PM should be focused on, the right to speedy trials.
The court system should be very much ashamed of itself at this moment. Had this been just another civilian the case would’ve been totally different. Let’s this about it for a second. We live in a system that will fail us each time. And lemme add, confidential information leaked to mongoose isn’t released. Some may but never the faces. She has a case still I would suggest
Seven years of pain and waiting for nothing. The system failed her again
SMH. Is it April Fool’s Day in Antigua? You mean to tell me this girl will get no justice because of a poor decision.? These police officers have daughters.? mothers? God and Time! Dont worry!
GAD NAR SLEEP!!!!
We can complain about corruption all we want, but that wasn’t the problem here. Mout open, tory jump out
Maybe she lie….Maybe they got away with rape…..God knows all….
She chose to put her business on social media the system did not fit her she failed herself