Accused testifies in Bare Root rape trial

Rape accused Devon McFarlane took the stand on Thursday after he was called upon by Justice Roxane George to lead a defence in the High Court.

McFarlane, called ‘Kang,’ of Bare Root, East Coast Demerara, is alleged to have raped a woman on her way home from work on December 11, 2009. In addition to his sworn testimony, McFarlane’s wife, Shenisha McFarlane, also testified on Thursday and said her husband was with her when the rape occurred.

According to McFarlane, he was in front of his yard with a friend when a police vehicle approached. A policeman, who was in the vehicle, eventually took him into his house, he said, after telling him that they were searching the premises for a sweater, hat and a gun.

He also noted that the police did not put any allegations to him when they went to his home and he only subsequently learnt of the charge against him at the Magistrate’s Court.

McFarlane, who said police found a white hat that belonged to his wife in his home, recounted that he was then taken to the police station, where he was placed in the lock-ups.

While there, he said, a policeman told him that they needed to examine his genitals, since a woman had related to them that the man who raped her had beads on his genitals.

He stated that the police did not find any beads on him after inspecting him.

When cross-examined by prosecutor Renitha Singh, McFarlane said he was told of the rape allegation when he went to the police vehicle that had turned up at his house. He said he told the policemen that “is not me, I am a married man.”  Singh then proceeded to highlight the fact that he told his lawyer Ronald Burch-Smith, during his evidence-in-chief that he only learnt about the charge at the Magistrate’s Court and yet admitted under cross-examination that the policeman told him about the charge at his home.

At this point, McFarlane said that he could not remember what he had said.

McFarlane also said under cross-examination that he told the Magistrate that he was at home with his wife when the police put the allegation of rape to him. However, when shown a copy of the evidence he had given at the Magistrate’s Court, there was no record of him saying so at the preliminary inquiry.

Meanwhile, McFarlane’s wife, during her testimony, stated that her husband was at home with her all the time on the night of the rape. She did not deviate from her statements under cross-examination. Justice George will sum up the evidence of the matter when the case continues on Monday, before handing it over to the jury for deliberation.