Defence files no case to answer submission in indecent assault trial
March 17, 2021 12:48 pm
The defense in the trial of a former senior executive of a publicly listed company maintains there was collusion between the complainant and the prosecution witness.
The defense filed their no case to answer submission in the Magistrates court today.
The former senior executive is charged with three counts of indecent assault.
The first two counts are in relation to the first complainant who alleges that the senior executive committed the two separate offenses, one in June and the other in September of 2019.
The third count of indecent assault is in relation to the second complainant who alleges that an offense was committed against her in May 2019.
The trial that started on Monday is in relation to the second complainant.
While making their submission the defense maintained its claim that the prosecution witness met with the first complainant before taking the stand.
It adds that this was clear as both the complainant and the witness had no comment for a number of questions put to them.
The Defense also raised in court that the second complainant was evasive, untruthful with no credibility whatsoever and her evidence should be disregarded.
The Prosecution however says the complainant took time to lodge a complaint against the accused because she was not courageous enough at the time.
It also denied claims that the prosecution witness met with the complainant before taking the stand adding that her evidence is credible.
The State submits that it has substantial evidence for a case to answer and Defence cannot discredit the witness against the accused.
The Chief Magistrate will deliver his judgment on the no case to answer submission next Tuesday.