bahamiangoddess
02-29-08, - 01:26 PM
Court clears Freeport teacher accused of sex with student
By ARTESIA DAVIS, NG Senior Reporter, artesia@nasguard.com
A magistrate wrongly convicted a physical education teacher of having sex with a student, based on the "uncorroborated, unreliable evidence" of the teenager, the appellate court has ruled.
Magistrate Helen Jones last May sentenced Marlon Henfield, a teacher at Sunland Baptist Academy in Freeport, Grand Bahama, to two years in prison after she found him guilty of having relations with the 15-year-old girl.The girl reportedly developed a crush on Henfield and obtained his phone number by borrowing his phone to call her mother, so that the caller ID facility would record the number. The girl then began sending text messages to Henfield and regularly spoke to him at school. She claimed that Henfield picked her up on two occasions -- July 25, 2004 and August 23, 2004 -- and took her to his apartment where they had sex.
But Henfield's lawyer, Murrio Ducille, discredited the accuser when she admitted that her testimony contradicted her statement to the police, and that she had told her parents that she had not had sex with Henfield, but with another man.
Henfield denied ever having sex with the teenager. And his girlfriend supported his claim that he spent the night of July 24, 2005 at her home, and remained there until 11 a.m. on July 25, 2005.
Court President Dame Joan Sawyer and Justices of Appeal Milton Ganpatsingh and Emmanuel Osadebay, found that the magistrate should have dismissed the case at the close of the prosecution's case.
The Court ruled: "The appellant in his case denied the offenses and presented a defense of alibi, which was not properly considered by the learned magistrate. He called two witnesses --his girlfriend and his girlfriend's mother-- who supported his alibi unchallenged. The magistrate, in rejecting the defense, offered her own speculative comment to the effect that the witnesses might have been asleep when the offense was alleged to have occurred, and for that reason they could not be certain that the appellant was in their residence at the time of the offense.
"The appellant's defense revealed nothing to boost the case for the prosecution. We are of the view that the appellant was wrongly convicted and the conviction was unsafe and unsatisfactory."
By ARTESIA DAVIS, NG Senior Reporter, artesia@nasguard.com
A magistrate wrongly convicted a physical education teacher of having sex with a student, based on the "uncorroborated, unreliable evidence" of the teenager, the appellate court has ruled.
Magistrate Helen Jones last May sentenced Marlon Henfield, a teacher at Sunland Baptist Academy in Freeport, Grand Bahama, to two years in prison after she found him guilty of having relations with the 15-year-old girl.The girl reportedly developed a crush on Henfield and obtained his phone number by borrowing his phone to call her mother, so that the caller ID facility would record the number. The girl then began sending text messages to Henfield and regularly spoke to him at school. She claimed that Henfield picked her up on two occasions -- July 25, 2004 and August 23, 2004 -- and took her to his apartment where they had sex.
But Henfield's lawyer, Murrio Ducille, discredited the accuser when she admitted that her testimony contradicted her statement to the police, and that she had told her parents that she had not had sex with Henfield, but with another man.
Henfield denied ever having sex with the teenager. And his girlfriend supported his claim that he spent the night of July 24, 2005 at her home, and remained there until 11 a.m. on July 25, 2005.
Court President Dame Joan Sawyer and Justices of Appeal Milton Ganpatsingh and Emmanuel Osadebay, found that the magistrate should have dismissed the case at the close of the prosecution's case.
The Court ruled: "The appellant in his case denied the offenses and presented a defense of alibi, which was not properly considered by the learned magistrate. He called two witnesses --his girlfriend and his girlfriend's mother-- who supported his alibi unchallenged. The magistrate, in rejecting the defense, offered her own speculative comment to the effect that the witnesses might have been asleep when the offense was alleged to have occurred, and for that reason they could not be certain that the appellant was in their residence at the time of the offense.
"The appellant's defense revealed nothing to boost the case for the prosecution. We are of the view that the appellant was wrongly convicted and the conviction was unsafe and unsatisfactory."