SOURCE: ANTIGUA OBSERVER- The Director of Public Prosecutions has discontinued a rape case against two police officers after the complainant allegedly violated court orders.
On Monday, during the trial which began earlier this month, the DPP entered a nolle prosequi – a formal notice of discontinuation- exercising his discretion after assessing that the circumstances would impact the outcome of the case.
Defence counsel Andrew Okola informed the court that prior to the trial, the complainant had provided case materials and information to social media influencer ‘Mongoose,’ who posted them to his platform with thousands of followers.
The materials were reportedly evidence that should not have been disseminated outside the court proceedings.
The lawyer also informed the court that the complainant had been discussing the case with an individual throughout the proceedings, in direct violation of court orders.
The trial, which was before Justice Ann-Marie Smith and a jury of nine, involved allegations dating back more than seven years to May 12, 2017.
She alleged both defendants sexually assaulted her in a vehicle—claiming the second defendant had intercourse with her while the first defendant forced her to perform oral sex at gunpoint.
She testified they switched positions, and the first defendant had intercourse with her, including forced anal penetration. She said she was punched when she resisted.
She testified the defendants then agreed the space was too confining and said they would continue the next day, threatening to kill her if she told anyone.
The woman admitted that after the ordeal, the three proceeded to a bar at Pensioners Beach as originally planned, and she left shortly after arriving.
She said she went to another bar afterward and returned home in the morning. On the following Monday, she reported the incident to Police Headquarters.
Officers visited the scene, and the complainant testified that a wrapper and condom were still present. She subsequently gave a formal statement and underwent a rape kit examination.
During cross-examination, the complainant faced challenges to several aspects of her testimony. The defence suggested there was no stop on the way to Pensioners Beach.
When asked if she told them to stop and let her out, she said no, but maintained she attempted to exit when the first left turn was made.
Okola attempted to undermine her credibility by suggesting she had been drinking and either didn’t remember events or that discrepancies between her court testimony and police statement indicated the alleged assault never occurred.
The case has now been formally discontinued. Okola told Observer that he is “happy that the officers can now move on with their lives.”
