A judge has issued an arrest warrant and the police a wanted bulletin for a man who was convicted in absentia on Tuesday of raping a 14-year-old girl in November 2021.
The man, Ronald Samuel aka Ronaldo, 30, of Green Hill, did not attend his trial before Justice Bryan Cottle at High Court No. 1, in Kingstown on Tuesday.
Samuel was absent on Friday even as last Friday the judge had to issue an arrest warrant to get to attend his trial for cross examination after taking the stand.
The judge, however, denied an application by prosecutor Senior Crown Counsel Richie Maitland that the revocation of Samuel’s bail continue and that he be remanded in prison, pending the outcome of his trial.
On Tuesday, with Samuel absent, the judge summed up the case against Samuel, who was unrepresented during the trial.
The jury deliberated for 1 hour and 55 minutes before returning unanimous guilty verdicts on the charges of rape, unlawful sexual intercourse, indecent assault, cyberbullying and harassment by electronic communications of the same 14-year-old girl.
Defendant pleads not guilty but admits to sex with minor
During the trial, Samuel said that he had known the girl for two years and had seen her in her school uniform numerous times.
He said that on Nov. 11, 2021, he and the girl went to Campden Park to iron her uniform at his place.
Samuel, however, told the court that he did not have an iron but he borrowed one from a friend and assisted the girl in ironing her uniform.
The prosecution’s case was that Samuel then shoved the girl onto a bed, pulled off her tights and underwear and had sex with her.
Samuel testified that during the encounter, the girl’s face looked displeased so he stopped but proceeded to fondle her breasts.
Then, on Nov. 18, 2021, he pulled her to the area of Mountain Top in Kingstown and fondled her breasts.
Samuel admitted to all of this in an electronic interview with the police but said during his trial that he had lied in that interview.
The police also extracted a WhatsApp conversation from the virtual complainant’s phone in which Samuel said that he had had sex with and fondled the child.
At the trial, Samuel said it was the mother of his child who had been communicating via WhatsApp with the virtual complainant (VC) as he was in quarantine for COVID-19 at the time.
He, however, said that his baby’s mother used to visit him while he was in quarantine.
The defendant also maintained that it was the mother of his child who had been communicating with the VC, although there were threatening voice notes to the VC.
He said that his baby’s mother had also inserted these voice notes into the conversation.
Bail revoked; arrest warrant issued
On Friday, Samuel did not attend his trial and the judge said that a document was sent to the clerk of the court that morning.
“That is not how the court operates. The accused was here yesterday and was advised that he should return this morning,” the judge said.
Maitland asked that Samuel’s bail be revoked and a warrant issued for his arrest.
The prosecutor said some reasons made the matter expedient.
“All the people except the defendant that the court would require for the trial to proceed are here,” Maitland said.
“The circumstances are extremely suspicious. Without saying more, there are certain dangers at play, giving the impressionability of the virtual complainant,” he said.
The prosecutor noted that the assizes were about to conclude, adding that if the trial was traversed, “there may be an implication for fair trial rights for the accused”.
Maitland said that in the circumstances and with no proper documentation served, the prosecution was asking for a warrant for the arrest of the accused.
The judge revoked bail and issued a warrant of arrest.
The judge then adjourned the matter to Monday, but Maitland told the court he was confident that Samuel could be brought to court later that day.
The judge then set the hearing for 1 p.m.
‘Gastro’ complaints
When the trial resumed Friday afternoon, Samuel told the court that he had begun feeling unwell after he left the court the previous day.
He said he went to the hospital but that was “a long process” so he went to a private doctor who said he had gastroenteritis.
Samuel said that the High Court office told him to present “the paper” to the court, adding that a lawyer had told him the same thing.
However, the judge was not impressed, telling Samuel, “This is not a primary school. This is a court of law. You did not turn up at 9. I am not impressed by your explanation. In your absence, I revoked your bail and issued a warrant for your arrest…
“If you are dead, you should not come. If you are not dead, you should be here,” Justice Cottle told the defendant, adding that gastro is not something that should prevent him from coming to court.
“You are here now,” the judge said.
Samuel then asked the court if he could call his lawyer and the judge noted that when he had asked him at the beginning of the trial if he had a lawyer, he had said he had none.
Maitland told the court that he had contacted Counsel Kay Bacchus-Baptiste during the break and she had said Samuel had not retained her.
He further told the court that the police had indicated that Samuel had come to town that morning, collected a charger from Phillips Bakery and gone home.
During this cross examination, Samuel asked to be excused to the bathroom twice.
Court opted not to remand defendant
When the hearing wrapped up on Friday afternoon, Maitland asked that the revocation of Samuel’s bail continue.
However, the judge denied the application, saying that Samuel would need the time between Friday and the resumption of the trial on Monday to organise his witnesses.
The judge warned Samuel that if he did not attend the trial the court would proceed without him and if he was found guilty and absconded, he could never return to the country or he would be imprisoned.
Justice Cottle further told him that the country has extradition treaties with many countries.
All this could of been avoided if […] Brian did not turn him loose in the first place. Didn’t you see this coming? […] now look at the unnecessary stress for the SVG police. What a joke.A judge fail to use proper judgment. Maybe you need a new job.