DPP office bungle - Boy charged with carnal abuse is 13, not 11 years old

BY PAUL HENRY Observer staff reporter
Tuesday, October 07, 2008



A charge of carnal abuse against a schoolboy was not withdrawn in the Home Circuit Court yesterday because the youth is not 11 years old as was earlier reported by the Observer on information from a prosecutor.

Paula Llewellyn, the Director of Public Prosecutions (DPP), told the court yesterday that her office had confirmed that the boy was in fact 13 years old and not an 11-year-old as was reported by the Daily Observer on September 26 and in an article published in this week's Sunday Observer.

As a result of the age mix-up, Llewellyn told the court that she will now be asking defence lawyers to furnish certified copies of the birth certificate of any accused whose case is being transferred from the Family Court.

In blasting the Sunday Observer story, Llewellyn suggested that the article seemed to be "calculated to undermine the
public's confidence" in the justice system.

However, Llewellyn made her accusation against the newspaper after being informed by this reporter that the incorrect information in the September 26 story was provided by her office.

The claim that the charge against the boy would have been withdrawn yesterday and which was reported in this week's Sunday Observer story, was made to the newspaper by a second prosecutor who also knocked the Office of the DPP for sloppy work on the case.

"No preparation was done by the Crown, and now everybody is left with eggs on their faces," said the prosecutor, who had requested anonymity.

The youth and three other boys, 13 years to 14 years old, were jointly charged with carnal abuse for sexually assaulting a schoolmate in January and February of this year.

Presiding judge, Justice Bertram Morrison said in court yesterday that he had verified the ages of the boys before he took their guilty pleas when the matter was first brought before him on Thursday, September 25 after being transferred from the Family Court.

The boys' mothers, who were present in court yesterday, also confirmed their ages.

The boys, who are currently on $50,000 bail, were also scheduled for sentencing yesterday but the sentence hearing was put off until October 24 because all the social inquiry reports were not ready. The boys' lawyer was also absent from court.

The Child Care and Protection Act, which replaced the Juvenile Act in 2004, prevents any child under age 12 from being charged or convicted for any offence, including murder.