Attempted bugger jailed for 18 months

Twenty-year-old Augustine Zaniel Caine Andrews, a Security Guard of New Prospect, will not be able to witness the birth of his child. Caine, whose child is expected to be born soon, was sentenced to 18 months in prison when a nine-member jury announced a guilty verdict at about 12:03 p.m. last Friday afternoon.

Andrews was convicted of assault with intent to commit buggery on a 15-year-old boy of Diamonds. The incident occurred on Saturday, February 5, 2005 at New Prospect.{{more}}

The trial, which began earlier in the week at the High Court in Kingstown, heard testimony coming from Andrews and the boy, who was 14 at the time of the incident.

Andrews said he recalled leaving his home at approximately 1:20 p.m. on the said day to go to the river where he frequently bathes, as there is no pipe-borne water at his home. He stated that he has been going to the river every day for the last eight months. He said that he went to the river covered only by his towel and holding a bar of soap in his hand.

Andrews said while bathing in the river, he saw the young boy approaching. “I was in the river naked bathing and I saw him coming down the road,” Andrews said. The young boy, who had two bags in his hand at the time was 28 feet away from Andrews when he saw him approaching. “When he come down I asked, ah wha you have in the bags dem?” He said lemons. “I asked him for a lemon to wash under my arms and between my toes.” He also said when he asked for the lemon he was about six feet away from the young boy and had turned his back to the boy to receive the lemon because he didn’t want him see his privates. “I turned my back to him and stretched for the lemon so he would not see my front,” Andrews said.

The accused further added that after giving him the lemon, the young boy went into the river and washed his hands and feet and continued along his way.

He continued his testimony and added that about five minutes later the young boy’s uncle came to where he was bathing and asked him, “Wha kinda ting you ah do de man? Andrews said he replied by saying, “Way you talking bout?”

Andrews outlined that when he finished bathing he journeyed home where he heard rumours on the block. “When I was going home I heard some the guys on the block saying I have the young boy on a rock bulling him.” The accused said he immediately called his mother on the telephone and relayed to her what he had heard. He said he believed the evidence given by the young boy and his uncle was fabricated.

During cross-examination, Director of Public Prosecution (DPP) Colin Williams asked the accused, “Why didn’t you turn your back to the uncle as you did to the young boy?” Andrews replied by saying, “I see him (the young boy) as a youth man and the uncle as a big man.”

In the boy’s evidence to the court he disclosed that he went to his grandmother’s home in Prospect and on his way from his grandmother’s, he said he met the accused Andrews bathing naked in the river. The boy said Andrews asked him for a lemon. According to the boy, the lemon fell to the ground and he ran behind it. He said Andrews ran behind him and pushed him on a rock and attempted to place his penis in his anus.

Under cross-examination, the boy said he never washed his hands and feet in the river and was just chasing the lemon that fell.

In the uncle’s evidence he recalled seeing Andrews attempting to bugger his nephew and the young boy kicking and fighting to get away. When he shouted the accused ran. He said he saw his nephew’s shirt up and his pants down. Defence Counsel, Samantha Robertson argued that it was impossible to see the accused’s face while his back was turned.

Justice Gertel Thom said just before sentencing that an incident of that nature could have a telling effect on a young boy’s life. She further added that acts like these cannot be condoned and that it carries a maximum penalty of seven years.

Lawyer Robertson begged for a suspended sentence to be imposed on the accused, arguing that it would be most appropriate. Robertson said that he is expecting a child soon and that he is one of the breadwinners of the home.