12
[16]
The difficulties encountered with the mother’s evidence can be illustrated
through the following excerpts from her evidence:
‘When was it when you saw those love bites --- When he was nine years old, he had a love bite
in his neck here.
When was it? Before you overheard the conversation? --- Yes. I saw the baby quite a few times
with love bite, but I didn’t think of anything. So, when I asked the baby, P, he told me, “Mummy,
Uncle Roy.” So I confronted the guy and I called him and asked him, “Why did you do that to my
child”. He says, “No, because my child is so nice and chubby, who wouldn’t want to do that to a
baby like that”.
When was it when you confronted him? --- When the baby was little. The baby was little, he
used to have those love bites and when the baby was nine years, P was nine years, he used to
also have those love bites in between his bodies.
What I want to know, as to when was it when you confronted him? --- The man
Yes. --- That time, that very first time when I saw the love bites on baby, baby was about seven
years.
Before you overheard the conversation of P and his grandmother, did you speak about the
problem that P was having his grandmother? --- Yes, I spoke to him. He still refused to speak to
me. P refused to speak to me. So, I was in tears. So, I said the only thing I could do is take the
child to the doctor. So, I phoned the police, I got the police at the door and they asked me to
take him and go to the doctor.
What I want to know is, before you overheard the conversation, did you speak to your
mother-in-law about P?--- Yes, yes, after the child spoke to my mother-in-law.
No, before that? --- No.’
[17]
The charge sheet is not without its problems. It alleges that the indecent assault
was committed during 2000-2004, and prima facie refers to one incident. It does not
specify when exactly the offence occurred. The evidence of the complainant on the
other hand suggests that there were about seven to eight incidents. Whilst it would be
unfair to expect such a young complainant to recall the exact dates and occurrences
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