The Queen v Jeffrey Alexander Barnes
| Jurisdiction | Cayman Islands |
| Judge | The Hon. Mr. Justice Charles Quin |
| Judgment Date | 05 September 2013 |
| Judgment citation (vLex) | [2013] CIGC J0923-2 |
| Docket Number | Indictment No: 0087/2011-B |
| Court | Grand Court (Cayman Islands) |
| Date | 05 September 2013 |
The Hon. Mr. Justice Charles Quin
On the 8th April 2013 a Grand Court Jury convicted the Defendant of one count of Aggravated Burglary with Intent to Rape and two counts of Rape.
The Defendant Jeffrey Alexander Barnes was charged with three offences which occurred on the 20th October 2011:
-
(a) Aggravated Burglary with Intent to Rape;
-
(b) Rape (per vagina);
-
(c) Rape (per anus)
Count 1 of the indictment charges Jeffrey Barnes with the offence of Aggravated Burglary with Intent to Rape contrary to section 244 of the Penal Code (2010 Revision). The particulars are that he on the 20th day of October 2011 at Seymour Drive, apartment 56 entered the dwelling house of Cleopatra Jamieson as a trespasser with intent to rape her and at the same time had with him an offensive weapon, namely a knife.
Count 2 charges Jeffrey Barnes with the offence of Rape contrary to section 127 of the Penal Code (2010 Revision), that he on the said day at the said location had unlawful sexual intercourse per vagina with Ms. Jamieson without her consent.
Count 3 also charges the Defendant with Rape. The particulars are that he on the said day at the said location had unlawful sexual intercourse per anus with Ms. Jamieson without her consent.
In the early afternoon of Wednesday the 19th October 2011, the Complainant Cleopatra Jamieson, left her home at apartment # 56 Seymour Road to go to her workplace at Camana Bay to arrive in time for work at 5:30pm. The apartment is on the upper floor of a two story block of apartments.
Ms. Jamieson left her window at the front of the apartment open for the place to be cool — with the glass window portion up and screen in place, and locked the only door which is at the front of the apartment.
Ms. Jamieson had one key to the apartment and the only other key was held by the landlord Mr. Kenny.
Ms. Jamieson left work later on that same day sometime after 9 p.m. that night, Taking public transportation she arrived home sometime after 11pm, Whilst walking home she was talking to her fiancé on Facebook.
On arrival at her apartment she opened the door with her key, entered and relocked the door behind her.
The window was still open with the glass window up and the curtain pulled across. She did not close the window, leaving it open instead of turning on the air conditioning.
Once inside she placed the door key on her chest of drawers and took off her capri pants before lying down on the bed. The lights were off.
When she lay on the bed she had on her panties, a white t-shirt, an under shirt and her bra. She then began exchanging BBM messages with a friend in Saint Martin and Ms. Jamieson recalls sending the last message at 11:18pm before falling asleep.
Ms. Jamieson's next recollection is at about 3am in the early morning hours of Thursday the 20th October 2011, while sleeping on her back, she felt as if she could not breathe properly and awoke to find a male person on top of her.
The male person on top of her had one hand on her throat and a knife against her windpipe. The light was off in her apartment at the time. She began to fight. The person started to squeeze her throat a little tighter and told her to stop fighting. She knew it was a man because she heard his voice. She said she told the man that she could not breathe.
Ms. Jamieson said she had realized by then that he was going to rape her and she begged him not to, as she was having her period. In response he said he did not care.
The male used the knife he had to cut off her clothes.
Ms. Jamieson was crying and begged him not to rape her. He told her it could have been six men and she should stop ciying, it could be worst.
The man took his clothes off and put on a condom. He lay on top of her and began kissing her, she closed her mouth and he told her to act like she was enjoying it. He had the knife at her neck.
He had sexual intercourse with her per vagina.
After he had sex with her he lay down on the bed and took one of the pillows that were on the bed and placed it under his head. He told her to lie down on his arm and proceeded to ask her, her name, where she was from and where she worked.
Ms. Jamieson said she said she told him that the thing you fear most always happens to you and he asked what was that and she told him that her fear was being raped.
The man started touching her again and placed his penis in her vagina, he then told her to turn over on her hands and knees.
Ms. Jamieson said she told him she could not do as he asked because her stomach was hurting. He said he did not care.
Ms. Jamieson then turned over and she noted that she had been lying on her phone. She tried to hide the phone but the light came on and he saw it.
The male then placed the knife between her vagina and anus and told her that if she tried anything stupid he would cut it out.
He then placed his penis into her anus and had anal sex with her.
He next placed his penis in her vagina and eventually ejaculated.
The man then said he wanted water and went to the refrigerator and then to the cupboard to get water.
The man came back to the bed fell asleep for about 15 minutes.
Ms. Jamieson tried to get up as it was almost time to go to work and the man woke up. She estimates that it was some minutes to six in the morning.
When Ms. Jamieson explained that she needed to leave for work he told her to go and act normal and not to tell anyone. He said that when she returned he would be waiting for her. In the course of preparations for work, the light was on in the apartment and she was able to see him and to note that he had a tattoo marked GANSTA on his chest, a black spot on his left leg and she noted his general description. She had seen him on occasion outside her complex. She also saw the knife which he had and was able to describe it as a red Swiss army knife. It was not a knife that belonged to her.
Ms. Jamieson said that whilst she was ironing her shirt on the bed the man asked her if she was thinking of burning him with the iron and she replied no, why would she.
He said she had every right to as he had broken into her place and raped her but that if she did bum him he would ‘out’ the iron on her.
Ms. Jamieson left the apartment at about 6:48 am locking the door behind her and leaving him in the apartment. He had asked her if she would be coming back and she said yes. She agreed to come back because she was still afraid that he would kill her as he had told her he had a gun and that it makes no sense to report it to the police because Cayman Police don't solve crimes.
On her way to work Ms. Jamieson called and told her friend in Jamaica, Orrell Williams, what had happened to her and on arrival at work she telephoned her boss' husband, Mitchell Ebanks (‘Mr. Ebanks’) and asked him to meet her at the store. He did so and she told him what had happened to her.
Mr. Ebanks noted a cut on her neck that looked fresh and the blood was just drying. He then telephoned DC Adrian Neblett at about 7:45 am and reported the matter to him. DC Neblett advised them to go to the George Town Police Station and to formally report the matter.
Ms. Jamieson was in fear and did not want to report it to the Police.
Ms. Jamieson worked that day and stayed overnight at her boss' house before leaving the next morning for Jamaica. Ms. Jamieson left behind her key to the apartment and her things in the apartment. She did not want to return to the apartment.
On arrival in Jamaica she was met by Mr. Williams, her fiancé, to whom she described the male.
Mr. Williams noticed scrapes on her neck like knife marks and went with her to the Doctor.
While in Jamaica Ms. Jamieson remained in contact with her boss until eventually she decided to report tire matter to the Police.
In the interim, two days after hearing of the incident, Mr. Ebanks and his wife decided to check the Complainant's apartment. They entered using the key which she had left with them. On entering Mr. Ebanks noticed that the screen to the window had been pulled half way back and that the place was in disarray. There were red stains on the sheet and a tom empty condom wrapper next to the bin on the floor of the apartment. Mr. Ebanks left things as he found them only removing some cook books. He indicated that he and he wife had showered before they left home to visit Ms. Jamieson's apartment and had not come into contact with anyone prior to arriving at the apartment.
On Tuesday the 1st November after speaking again to Ms. Jamieson and confirming that she was now willing to report the matter, Mr. Ebanks made contact with the Police. DI Joseph Wright took the report and he and Officer Cowan contacted Ms. Jamieson on the 2nd November 2011. Thereafter they went to the Apartment and entered using a key from the Landlord. SOCO Neil Harris was with them. All three wore protective clothing and gloves. SOCO Harris took pictures of the apartment and recovered a number of items including the condom wrapper, three pillow cases from the bed, the bra of the complainant which had been cut off her, as well as her T-shirt and undershirt.
Those items were forensically examined by Tiffany Roy of DNA Labs International, together with a buccal sample taken from the Defendant by SOCO Tommy Taylor. Semen was found on one of the pillows and the DNA of the Defendant to a match ratio of 1 in eveiy 88 quintillion individuals. The Defendant's DNA was also found on the condom wrapper to a match ratio of 1 in every 4.7 million individuals. On the exterior of the bra of the Complainant — to a match...
To continue reading
Request your trial