The Office of the Director of Public Prosecutions (DPP) has discontinued a case against a man from Biche, accused of raping his neighbour, after DNA evidence cleared him of the crime.
Guardian Media understands that acting DPP Sabrina Dougdeen-Jaglal filed a notice of discontinuance in relation to Arnil “Stars” Flemming late last month while his case was still being case-managed for trial by Justice Gail Gonzales.
The document was presented during a hearing yesterday, bringing his prosecution to an end.
Flemming was accused of attacking the victim on September 29, 2012.
The woman claimed that she was liming in a bar in the community with a group of friends, including Flemming, with whom she went to primary school and Sunday school classes as a child.
She claimed that Flemming offered to walk her home, and she did not object.
She alleged that while they were en route, Flemming drew a gun and threatened her.
She claimed that he pushed her into a shallow drain and raped her.
She alleged that he then took her under her aunt’s house, where he raped her a second time.
She claimed that after the second attack, he dragged her towards her home.
He reportedly ran away, leaving her at the side of the road as her sister and brother-in-law came outside and confronted him.
The woman made a report to the police and was medically examined.
Flemming was arrested days later after the police executed a search warrant at his home. Police officers did not find a gun or ammunition while searching the house.
Flemming was charged after he was identified by the woman during a verification exercise.
He spent a protracted period on remand before he was granted bail and able to access it.
Although a DNA sample was taken from Flemming to compare with samples taken from the woman during her medical examination, the results, which eventually exonerated him, were only recently disclosed to his lawyer, Peter Carter.
The DPP’s Office was represented by Josanne Forrester and Kern Young.—Derek Achong
