Physician reports findings from examination of 14-year-old alleged incest victim

Three witnesses, including the lead investigator and the doctor who examined a 14-year-old girl who accused her father of raping her, gave evidence in the Supreme Court No. 2 on Tuesday.

The accused man faces two charges of committing incest against his daughter between 2005 and 2011. 

As the trial continued, family physician and Public Medical Officer Dr Andrew Murray told the court that on the evening of October 7, 2013, after gaining consent from the girl’s aunt who had accompanied her to his office, he performed an examination and found that her hymen was not intact but no abnormalities were found.

Questioned by Principal State Counsel Olivia Davis, the expert witness acknowledged that there were instances when the hymen should be present but was not.

It was this admission that led defence counsel Alvan Babb to ask during cross-examination, “Can a hymen be found not to be intact even if a person never had sex?” 

The witness answered in the affirmative.

“So it does not necessarily mean that because the hymen is not intact during an examination that that person had sex,” Babb added.

“Correct, Sir,” Dr Murray responded.

Responding to the lawyers’ questions about his testimony that there were no abnormalities found, Murray explained that abnormalities include lacerations and abrasions.

“In your professional experience, if a person was having sex from seven years old, would your examination have shown an abnormality?” Babb asked.

“The absence of a hymen may be the only abnormality but there may be others,” Dr Murray responded. 

Retired Station Sargeant Elson Greenidge who was the main investigator in the matter said that on October 7, 2013, he interviewed the girl’s father at the Hastings Police Station and informed him of his rights to have a lawyer.

He replied: “My lawyer is Ms McFarlane. I spoke with her already. You can go ahead. If I want her, I will call her.”

Greenidge said that when the accused was told of the incest investigation, he replied, “I never had sex with my daughter and my lawyer told me not to make any statements until I consult with her.”

The former police officer told the court that the accused had no objections to going to his residence. On arriving there, his daughter, accompanied by her aunt and other police officers, pointed out several areas in the home where she said her father had sex with her.

Greenidge said that during that time, the accused said nothing.

Police Constable Dwayne Howard of the Criminal Investigation Unit also stated the accused remained silent when being placed under arrest on the charge of incest.

The trial continues on Wednesday.