Wednesday 14 November, 2018

Rape-accused cries, 'I get set up'

HMP Dodds (FILE)

HMP Dodds (FILE)

A man accused of the rape and kidnapping of a 14-year-old girl was remanded to prison yesterday.

Sergeo Olivia Payne, 38, of Wavell, Black Rock, St Michael was strong in denying the charges against him although he was unable to plead to such indictable offences.

It is alleged that he unlawfully removed the minor from her residence in St Michael and had sexual intercourse with her on April 4.

A summary charge also brought against Payne alleges that he stole a cellphone and haversack worth $540; from the same girl on April 18. He denies this charge.

"The prosecution strongly objects to bail," Prosecutor Sergeant Samuel Hinds said yesterday.

In addition to the fact that the victim is a minor, Hinds said Payne knew where the girl resided and had easy access to her.

"Evidence shows he used intimidation, coerced and demanded from the victim responses she is unable to consent to," Hinds continued.

The Crown representative said the prosecution feared that bail would result in more serious offences occurring.

"In a nutshell, the prosecution fears for the minor and suggests the accused be placed in a place where he can be found and also kept away from the victim"

Referring to Payne's conviction card, the magistrate spoke with much concern of Payne's history.

In 2001, Payne was convicted of wounding and given community service; in 2003 he had to pay compensation of $3500 for inflicting serious bodily harm on a man with a concrete block, while in 2008 and 2010 he recorded convictions of wounding and another serious bodily harm charge.

Payne said such records only reflect the past and he was now a "totally changed man". He said he was employed for 18 years at a company and was a single parent.

"I am not a violent person, I get set up. These are lies, I'm not going to waste the court's time and I'm begging for the court's leniency so I can support my children."

"I gine give you my word," Payne told the magistrate adding that he could never be a danger.

"When you were in trouble in 2001, 2003, 2008... you didn't give the Magistrate your word then? I didn't know you from Adam but your history speaks to it," Magistrate Frederick said, adding that the prosecution knew about the more "intricate details" and that he had a "duty to protect society and err on the side of caution".

Payne was remanded until August 20.

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