The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

A POLICE officer played footage yesterday of a 50-year-old man saying that he and a 17-year-old boy were “lovers” as the defendant’s unlawful sexual intercourse trial got underway.

Assistant Superintendent of Police (ASP) Arnold Strachan Jr testified during Marlin Newton’s trial for unlawful sexual intercourse with a minor of the same sex.

Justice Guillimina Archer-Minns presided over the trial.

Newton allegedly had sexual intercourse with a teenage boy on August 19, 2019.

ASP Strachan said that on August 21, 2019, he was present at a confrontation between the defendant and the complainant in the central detective unit in the presence of his mother.

The officer said he informed the defendant of his right to have an attorney present, but that he declined.

During the confrontation, ASP Strachan said the complainant maintained his story on what happened on the night of the incident, which he had previously told officers.

The officer recalled Newton said he knew the complainant before the incident and that the pair had been in contact for a few months.

ASP Strachan recalled the defendant said the complainant had lived with him for a time.

The defendant reportedly said that the complainant stopped living with him after he allegedly told him he found a “new lover” to live with. Sometime later, the defendant said the complainant asked to live with him again. Newton claimed that he picked the boy up and went to his house. 

The defendant told the officer that after the defendant showered, the pair had sex and that it was consensual. Newton further said the two had sex before in past.

The defendant reportedly said he loved the complainant and he knew the teen had a troubled past. The defendant claimed he thought the complainant was 18 years old.

When footage of the confrontation was shown, the complainant was heard telling police he had been picked up by the defendant from his aunt on the day of the incident.

He said the pair went to the defendant’s house, where they talked briefly before he asked to bathe.

The complainant alleged that while he was in the bathroom, the defendant came in and took what looked like lube from the shower caddy.

He claimed he saw the defendant put it on his penis.

Later, the complainant claimed the defendant told him that he didn’t like to see him wearing clothes in the bedroom and he complied with the defendant’s request.

He claimed that while the pair cuddled, the accused attempted to put Vaseline on his rectum despite his trying to block it with his hand.

Despite his objections, he claimed the defendant told him he wanted to cum.

The complainant alleged the defendant inserted himself inside him with aid of lube and had sex with him. He claimed that after some time, the defendant ejaculated.

After the alleged incident, the defendant said he squirted out semen and blood in the bathroom and that he stayed the night with the defendant.

He said he did not attempt to scream that night.

The defendant was heard saying in the footage that after a friend got him in contact with the complainant, who said the teen needed help, the pair met and went to the beach. 

There, Newton claimed the complainant spoke of his troubled and abusive past.

At some point, he invited the complainant back to his house, and eventually, the pair ended up living together.

The defendant was heard saying he took care of the complainant, cooked for him, and looked after his well-being.

Newton said the complainant lived with him for a week and a half alongside his eight-year-old son.

He told officers the pair had done things before in past, including kissing, and that the sex they had was consensual.

Newton claimed that after the complainant left to live with his new lover, he called him asking for help on the day of the alleged incident. He claimed the complainant said he wanted some during the call.

After he picked him up, the defendant claimed the complainant told him his new lover was abusing him. 

The defendant said he questioned the teen about his situation, but also told him that the way he left him wasn’t right. He went on to say that he wanted what was best for the complainant and that he would assist him in moving to Canada.

He claimed that on the night of the incident, he cooked for the complainant. Newton said that while the defendant asked to shower, he did not go into the bathroom with him.

He also denied telling the complainant to take off his clothes to sleep over.

However, he admitted to using Vaseline to have sex with the complainant in the past. Newton said he never questioned the complainant about his age before the allegations were made.

Newton, in the footage, maintained he loved and cared for the complainant and that he never abused him. He also said the teen never had problems with him before.

Newton said he was surprised to receive a call to come to CDU for questioning and that it troubled him. He further said he doesn’t know why the teen made the complaint.

Dr Sheila Ferguson, who worked at the accident and emergency at PMH, during the time of the incident, testified she used a rape kit on the complainant the day after the alleged incident.

During her examination, she said she found an abrasion near the anal area.

She said the complainant appeared calm but nervous during examination. Dr Ferguson said the complainant appeared well-kept.

Blood and urine samples were also taken. No foreign materials were recovered during examination.

Dr Ferguson said the complainant told her he was sexually assaulted and that he experienced bleeding in the anal region.

In addition to stating that she saw no other visible injuries on the complainant, Dr Forbes said she administered prophylactics to prevent the spread of STDs, which is standard procedure in rape cases.

Dr Forbes told the defence’s counsel that the abrasion could have been caused by sexual assault or possibly by trauma, constipation or diarrhea.