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Evidence in rape case discarded

by Barbados Today
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A rat and termite infestation in a police station’s Exhibits Room resulted in the disposal of evidence relating to a rape case.

Two vaginal smears, two vaginal swabs, a red panty, a beige bra, a pair of pants, and a blouse in relation to the Sylvan Sylvester Thorne rape case had to be thrown out. This was according to Winston Bynoe, who is attached to the District “C” police station. Bynoe took over the responsibility of the station in July of this year and at that time he discovered the infestation issue.

Thorne, 61, of Riverland, St Philip is accused of having sexual intercourse with a female without her consent, knowing that she did not consent or was reckless as to whether she so consented on January 14, 2007.

The items which had to be disposed of had been examined by a forensic scientist. No seminal fluid or sperm was found on the items.

Michael Lashley Q.C., after questioning the chief investigator Sergeant Allan Bailey, who had assisted with investigations at Thorne’s residence, suggested that the investigation was biased against his client.

Lashley made the suggestion based on the fact that no clothing was taken from Thorne for testing and his client was charged without the evidence from the forensic report. The court also heard from the chief investigator that Thorne was not taken back to his residence to point out anything to the police.

The lead investigator said he read the complainant’s statement but did not know of another person being present at the house at the time of the offence. He also could not recall mention of a multicolored sheet or a bed in her statement. Bailey also could not recall seeing any photographs of the scene.

Under questioning by Lashley, Bailey agreed that Thorne’s arrest was made based on the complainant’s statement. Throughout Bailey’s investigations, Thorne was cooperative with the police and denied raping the complainant.

“I don’t know bout no rape,” Thorne told investigators.

Thorne gave no answers when the police questioned him with regard to the matter. Police asked Thorne if he knew the complainant, if he felt her buttocks, if he removed her clothing and if he had sex with her but he made no comments.

Former police sergeant Rodney Holder, who assisted with investigations, also gave evidence.

The complainant said in her evidence, Thorne had offered her a job and took her to his residence and while there he started touching her buttocks and after she came from the bathroom, he removed her clothes and raped her.

The case continues in the No. 2 Supreme Court on Wednesday afternoon. Justice Randall Worrell presides in the matter while Deputy Director of Public Prosecutions Alliston Seale represents the Crown.

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