15-y-o records conversation with abuser, man initially accused set free
Barbara Gayle, Staff Reporter
The ingenuity of a 15-year-old girl in trapping her attacker into admitting to sexually assaulting her several times has resulted in the man who was framed being freed yesterday.
The attacker is now behind bars as the girl recorded the conversation in which the man admitted committing the offences. The girl handed over the tape to the police.
David Foster, 40, a carpenter of a Kingston address, was freed of charges of carnal abuse, indecent assault and buggery.
Crown Counsel Pauline Archer Hall offered no evidence against him when he appeared before Justice Evan Brown in the Home Circuit Court yesterday.
The complainant had been sexually assaulted several times since she was 12 years old. She was admitted to hospital after one of her ordeals.
The girl, who was sexually molested even after she was discharged from hospital, had reported to police that it was Foster who sexually assaulted her.
Foster was tried last year in the Home Circuit Court, but the jury failed to arrive at a verdict and a retrial was ordered.
After testifying against Foster, the girl ran away from home.
She later telephoned the man who had been sexually molesting her and told him that she was tired of telling lies on Foster.
During the conversation, the man allegedly told the girl that she would just have to continue telling lies. The girl recorded the conversation between herself and her abuser and the tape was handed over to the police.
It was disclosed that each time the man, who had an illegal gun, sexually assaulted the girl, he threatened to kill her and her mother.
Investigations by the police led to the arrest of her attacker. He is now charged with illegal possession of firearm and carnal abuse. He appeared in the Gun Court this week.
Foster spent two years in custody before his trial. Attorneys-at-law Valerie Neita-Robertson and Tamika Harris represented him after his first trial and were successful in getting bail for him.
Harris told The Gleaner yesterday that Foster had lost all his possessions during his incarceration.