A medical doctor, who went on trial with two other men for an alleged sexual assault on a 23-year-old man, has been freed in the Gun Court.
Dr Dwight Pusey, Paul Wright and Richard Wedderburn, were freed after Supreme Court Judge Marjorie Cole-Smith upheld a no-case submission made by the men's lawyers.
The allegations are that on June 25, last year, the complainant was forced into an apartment near Eltham, Spanish Town, St Catherine, and sexually assaulted by four men.
gun was used
The complainant said that a gun was used during the incident He said one of the men took a gun and hit him in the head.
After the ordeal, the complainant made a report to the police and the three accused were arrested and charged with buggery, indecent assault and grievous bodily harm.
The complainant said he knew the three accused before the incident, but he did not know the fourth man. In his testimony, the complainant said the men used lubrication on him before he was buggered.
no medical evidence
After the Crown closed its case, defence lawyer Anthony Pearson, who represented Dr Pusey, submitted that there were too many discrepancies in the Crown's case. He said medical evidence did not support the complainant's evidence that he was lubricated and buggered. Pearson said no reasonable jury properly directed could convict on that evidence.
Defence lawyers Vincent Wellesley, Marjorie Shaw Currie and Deneve Barnett who represented the other two men adopted the submissions.
The judge upheld the submissions and freed the men. Dr Pusey has another case pending in the Home Circuit Court.
He is accused of gross indecency and the case has been set for trial on September 17. Dr Pusey's bail was revoked in April because of the allegations. He is now on $150,000 bail with a surety.
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