Senior Reporter
derek.achong@guardian.co.tt
A 47-year-old man from central Trinidad has been sentenced to 12 years in prison for molesting his 10-year-old niece on Christmas morning in 2009.
The man was found guilty of grievous sexual assault and indecent assault by a nine-member jury earlier this month and was sentenced by High Court Judge Kathy-Ann Waterman-Latchoo on Thursday.
The victim was not able to witness her uncle being brought to justice as she passed away before his case went to trial. Her evidence given against him during the preliminary inquiry in the case was read to the jury.
According to the evidence presented by senior prosecutor Dylan Martin, the attack occurred while the victim and her younger sister were spending part of the Christmas school vacation at his home, which he shared with his common-law wife and three children. Around 10.30 pm on Christmas Eve, the uncle’s wife left the house to go to work. Around 1 am on Christmas morning, the victim was sleeping in a room with her sister, when her uncle came in, woke her up and took her to the living room where a pornographic film was showing on the television.
Her uncle made her sit down next to him and covered her mouth with his hand while he used the other to touch her breasts and vagina. She claimed that she tried to fight him off but he overpowered her. She also claimed that she tried to scream but he tightened his grip on her mouth.
The attack ended when the victim’s sister woke up and walked into the room. The victim returned to the bedroom with her sister. She stayed awake until the morning when she told her aunt what transpired as she arrived home from work. Her aunt took no action. The victim told her mother about the attack when she arrived to pick her and her sibling up on Boxing Day.
Her mother made a report to the police and the girl was medically examined. Her uncle testified in his defence during the trial and denied any wrongdoing. While being cross-examined by Martin he even claimed that the victim and her sister were not at his home when the attack occurred. After hearing a mitigation plea from his defence lawyer and Martin responded, Justice Waterman-Latchoo sentenced the man to 12 years with hard labour for grievous sexual assault and three years for indecent assault.
She ordered that he serve the sentences concurrently meaning that he would be released after completing the higher sentence.
The judge also ordered that he report to the Cunupia Police Station within seven days of his eventual release to register as a sex offender. Once registered, he would be required to report to the police every three months for eight years.
Justice Waterman-Latchoo also directed that the Commissioner of Police publish his name and particulars of his conviction on the public sex offender website.
The Office of the Director of Public Prosecutions (DPP) was also represented by Niara Boodan.
