Mr Pusey was also accused of the same charge in 2009 but was freed then;
I had carried the update as follows:
Doc Freed of Sexual Assault Charge
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 Dr Pusey's bail was revoked in April because of the allegations.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.
Contrary to popular belief, it is not actually illegal to be homosexual in Jamaica. Being a homosexual does not contravene any of the existing laws; however, the law makes certain ‘homosexual acts’ illegal, and these laws are used to persecute gay men. They state that “acts of gross indecency” and buggery [anal sex] are illegal.
Offences Against the Person Act
This act prohibits “acts of gross indecency” between men, in public or in private. (This is a very general term which can be interpreted to mean any kind of physical intimacy)
Article 76 (Unnatural Crime)
“Whosoever shall be convicted of the abominable crime of buggery [anal intercourse] committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years.”
Article 77 (Attempt)
“Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.”
Article 78 (Proof of Carnal Knowledge)
“Whenever upon the trial of any offence punishable under this Act, it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only.”
Article 79 (Outrages on Decency)
“Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding 2 years, with or without hard labour.”
Outdoor sex and the issues to being caught 2011
Kissing Men Walk Free from Court