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Shoddy

Capleton's attorney slams police investigation of rape claim

BY TANESHA MUNDLE
Observer staff reporter
mundlet@jamaicaobserver.com

Tuesday, May 15, 2018

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DEFENCE attorney for popular entertainer Capleton yesterday maintained that the investigation into rape allegations against his client was shoddy, and that had it been properly executed, the entertainer might not have been charged.

Christopher Townsend, during his bail application in the Kingston and St Andrew Parish Court, criticised the Centre for the Investigation of Sexual Offences and Child Abuse (CISOCA) for its handling of the case.

According to the attorney, the investigators went to the hotel where the alleged rape occurred but failed to collect statements from a manager and a security guard whose account would have contradicted statements made by the complainant.

Townsend said the complainant had reported that his client had damaged items at the hotel on the day in question, but the manager refuted her claims. Likewise, the security guard, who she reported she had called to assist her, contradicted her statement.

“CISOCA was alerted to substantial departure from what the complainant said, but no statements were collected from those persons,” Townsend said.

“If those statements were taken, then perhaps their view would have been different,” he added.

However, following questions from Parish Judge Vaughn Smith, the investigating officer told the court that the statements from those individuals will be collected.

Additionally, Townsend argued that his client had made a report to the police about being extorted by the complainant and statements had been collected, but those statements were not placed on the file in relation to the sex charge.

Townsend also told the judge that he had voice notes to support the claim that his client was being extorted.

“It is wide knowledge that there is another investigation with the complainant as accused; that investigation is ongoing, so it will be interesting to see what happens,” he said.

The attorney, in applying for bail, said that his 51-year-old client, who is also a philanthropist and the father of five children, has an impeccable background.

“This is the first time that his name is being called for anything,” Townsend said.

The lawyer also asked the judge not to impose any reporting condition on his client, as it would be too onerous, given the nature of his job, which requires a lot of overseas shows, and the fact that he has along list of upcoming shows.

The judge, as a result, offered the entertainer — who was dressed in a royal blue suit with matching turban — $200,000 bail on condition that he should not contact the complainant.

Clerk of Court Hansurd Lawson, however, asked the judge to impose a condition for Capleton to surrender his travel documents, while explaining that the accused could revisit the court and ask for the condition to be varied when he needs to travel.

But the judge turned down the request and warned that he would impose that condition if the entertainer misses one of his court dates.

Capleton, who was christened Clifton Bailey, was arrested and charged with rape on May 10.

According to a police report, on April 28, around 11:20 am, Bailey hired a female hairdresser to groom his hair at a hotel in the New Kingston area.

It is alleged that while at the hotel he forcibly had sexual intercourse with the woman.

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