The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

A FREEPORT man was found guilty on Tuesday in the Supreme Court of the rape and indecent assault of three underage girls – ages eight, seven and six.

The jury reached the verdicts around 2.30pm after two hours of deliberation following a lengthy two-hour summation of the case by Justice Estelle Gray Evans. The jurors found 34-year-old Anthony Smith guilty on all three counts.

Smith was charged with two counts of unlawful sexual intercourse involving two minors—ages eight and seven-years-old— between January 1 and February 29, 2016.

He was also charged with the indecent assault of a six-year-old girl between January 1 and February 29, 2016.

Carlson Shurland represented Smith. Erica Kemp of the Office of the Attorney General prosecuted on behalf of the Crown.

Smith denied the charges against him.

Before the case was turned over to the jury for deliberation, Justice Evans told the panel Smith was presumed innocent and the prosecution must prove beyond a reasonable doubt that he committed the offences.

“Anthony Smith has nothing to prove. You cannot find him guilty…because of the weaknesses in the defence, but rather on the strength of the prosecution’s case,” she said.

She advised the jurors that they must consider each of the counts separately.

“If in fact, you find Smith guilty of one count, it does not mean you have to find him guilty on the other counts,” she explained.

Justice Evans told jurors that a unanimous verdict was not mandatory in the case, but that they must return a verdict where at least six must agree.

She said a true verdict is 9-0 guilty or not guilty; 8-1 guilty or not guilty; 7-2 guilty or not guilty, and 6-3 guilty or not guilty.

When asked by the court clerk if they had reached a verdict, the jury’s forewoman said the panel had.

The jury brought back a verdict of 9-0 guilty on count one; and 7-2 guilty on counts two and three.

Justice Evans told the accused he was convicted of all three counts. Mr Shurland requested a probationary report on behalf of his client before a sentence is passed.

Prosecutor Erica Kemp also asked that a psychiatric report be conducted as well. There was no objection by defense counsel, and the matter was adjourned for sentencing on October 24 at 10 am.