Claude Gerald and Attorney-at-Law Warren Cassell
We concur ZJB’s lead reporting that “Agricultural Science teacher Claude Gerald is a free man”.
This is after a nine-member (mixed) jury of men and women, returned a not guilty verdict for indecent assault of a number of schoolgirls, at the Montserrat Secondary School (MSS) only this afternoon.
ZJB accurately reports: “The incident arose out of New Year’s greetings up to start of the school year on an open field around the midday on January 10 at the compound of the Montserrat Secondary School.
“Many students were said to be present at that time when the assault allegedly occurred and the teacher was arrested and charged after a three-week investigation.”
Gerald faced six counts, one each of six girls at the start of a two-week trial.
“Indecent assault carries a five-year jail sentence for each count Gerald’s defense team led by Attorney Warren Cassell was able to twiddle the charges down to four in a no case submission argument before the court on Tuesday.”
The no-case submission was an expected one and based on a ruling issued by Justice Morley who presided on the case, and who refused the press (especially Bennette Roach) from witnessing the trial when the evidence began, he ruled, “and so there is no case to answer as pleaded on counts 2 and 6. Accordingly, the trial shall proceed on counts 1, 3, 4, and 5, and the jury shall be directed to return a verdict of not guilty on counts 2 and 6 as pleaded…”
It was no surprise as ZJB reported: “after the acquittal defense attorney Warren Cassell says the not guilty verdict was expected.”.
Cassell said: “I am not at all surprised by the verdict and – there were six counts of indecent assault. Indecent assault is specifically defined in Montserrat’s law as ‘an assault accompanied by words or circumstances of indecency’.
“All of the accusers agreed that Mr. Gerald said nothing to them when he hugged them, therefore there were no words. And I said to the jury look where are the circumstances of indecency? This thing took place in the open, on the field of the of the M.S.S. campus. Where are the circumstances of indecency? No such thing existed. It cannot be that just by virtue of hugging, just by hugging a child and even kissing the child on the cheek. That is not indecent assault, or else fathers and brothers siblings would be guilty of it every single day – it happens every single day. Is it wise for a teacher to do it to a student, maybe not, but it doesn’t make it an indecent assault.
Attorney Director of Public Prosecutions (DPP) Oris Sullivan meanwhile, did not address the charges. But, while accepting the jury’s decision commended the witnesses and victims for courage to come forward and testify.
“Our system as I said on numerous occasions provides for trial by a jury of one peers. We accept the verdict of the jury of course, but we are still commending the witnesses and the victims for coming forward. This should not be a deterrent to other victims and other persons who are aggrieved who have been assaulted or sexually molested. We want to still encourage everybody who have been the victim of offences to come forward. It is the jury’s decision but that is not to say that every case will result in the same decision. We have seen our Jury at work and we’ve seen our jury convicted on prior occasions high profile cases, but today the prosecution was unsuccessful, but we still respect the Jury’s decision.”
TMR will present a more comprehensive report in a future issue, as there is much to reveal about the investigation, trial, its origin and the matters of child abuse and molestation, protocols and prosecution.
