Each of the three judges gave a differing opinion but, in the end, two of them agreed to dismiss an appeal brought by the Crown against a magistrate’s decision in a rape matter involving two men.
It was in the appeal brought by the office of the Director of Public Prosecutions (DPP) against a ruling by Magistrate Elwood Watts who was then presiding at the Oistins Magistrates’ Court.
Stephen Alexander Alleyne, 48, of Crusher Site Road, Prospect, St James, had been charged with having unlawful sexual intercourse with a man on August 2, 2015, without his consent, contrary to Section 3 (1) of the Sexual Offences Act.
Magistrate Watts upheld a no-case submission by attorney Arthur Holder, who appeared in the appeal with attorneys Rhea Layne, Mariah Arthur and Ensley Grainger, ruling that the charge was wrong in law as the complainant, under Section 3, had to be a female. (HLE)