Court clears man of buggery

Friday 07 September 2018

A man has been cleared by Guernsey's Royal Court, by a majority verdict of seven to two, after being accused of anal rape by a woman last year.

The man, 47, was present throughout the four day trial this week, with the court hearing from witnesses, and was presented with evidence relating to a night out in July 2017 and a subsequent after party at the acquitted man's address.

The woman had alleged the incident had happened following her falling asleep at the man's property the afternoon after the party having consumed a cocktail of alcoholic drinks over the previous 24 hours. She also admitted snorting a crushed up pill at the party.

The man had given an account of the same night where he agreed that the woman fell asleep at his property, but he maintained his innocence throughout the trial stating that nothing sexual had occurred either on the night of the party or the subsequent day.

Forensic tests following the allegation by the woman had proved inconclusive and the Jurats were reminded of this fact by Judge Finch before they retired to consider their verdict.

Judge Finch also reminded the Jurats that the burden of proof lay at the door of the prosecution and that the defendant was not obliged to prove innocence, but in fact the prosecution had to prove to them beyond reasonable doubt that the alleged incident took place.

The Jurats retired for 40 minutes before retuning a not guilty verdict by the majority of seven to two.

Following the verdict the defendant was sentenced on two counts of failing to surrender to bail which both occurred while this matter was ongoing. The court heard how he had been accused of a separate matter during the same time as this and when he failed to turn up to court then, it was because this matter had been dominating his mind. His subsequent failure to surrender to bail took place in relation to the buggery charge.

His defence advocate said during this time he had lost his job and gained employment in the UK, but he returned to the island in February. He further stated that whilst it was not a defence it was understandable that his client had been grossly affected by the allegations he was facing and it had dominated his life for the last year. 

In sentencing Judge Finch stated he would not consider a bind over as he was sure the defendant would want all matters dealt with today. He handed down a fine of £200 for each offence and stated that the defendant could pay the £400 fine in instalments of £100 a time.