MONTEGO BAY, St James — A police woman’s failure to submit a copy of a 13-year-old girl’s birth certificate to the court has bolsterd the defence’s argument that the prosecution has failed to establish that she is a minor.

The defence is also claiming that the mother, who is accused of cruelty to a child, did not act in a wilfully negligent manner.

The judge, who indicated that the evidence presented suggests the mother has a case to answer but she couldn’t determine the guilt of the defendant at this time, will announce her decision on June 27. The mother’s bail was extended until that date.

As established in court, the woman gave her daughter pocket money and permission to stay with a 19-year-old male friend in another parish for two days last December. The child then met another man and spent the night with him, during which they engaged in sexual relations. The car in which they were travelling was stopped during a routine traffic check.

On Wednesday, during his cross-examination of the cop, defence attorney Jermaine Campbell enquired if the minor had made a report on her own, and if there was a guardian present in the child’s best interests. The police constable, who is assigned to Centre for the Investigation of Sexual Offences and Child Abuse, Westmoreland Division, answered affirmatively to both questions.

The lawyer also focused on the issue of the girl’s age.

“You said that the child was 13 years old. Did you collect a birth certificate in respect of this matter?” the defence attorney asked the cop.

“Yes, I did,” she replied.

When asked what she did with the document, the police woman stated that she placed it in her notebook.

“Did you hand the Crown a copy of this birth certificate?” Campbell then asked.

The cop replied, “No.”

Following the police woman’s testimony Campbell made a no-case submission, claiming that the Crown has failed to prove wilful negligence and whether the young girl is a child.

During her testimony the constable also told St James Parish Court the steps she took after her fellow cops brought in the girl. Additionally, she testified that the child’s mother indicated the child’s pattern of non-compliance with her instructions.

The woman is on trial for cruelty to a child by wilfully exposing her in a manner likely to cause her unnecessary suffering, contrary to Section 9 (1) of the Child Care and Protection Act.

According to court testimony, the accused woman allowed her daughter to leave St James to attend Grand Market, an event in Savanna-la-Mar, Westmoreland, with a 19-year-old male friend on December 23, 2023. She was due to return home on December 25.

The girl stayed at the 19-year-old’s house until December 25. The court was told that on that day she was in contact with another man, who took her to his house and had sexual relations with her. Sex with a minor is illegal. The following day he gave her a ‘morning after’ pill, a contraceptive.

On December 26 the girl was returning to Montego Bay with the other man and one of his friends when they were stopped by police and taken to Savanna-la-Mar Police Station, where they were all questioned.

The constable testified that on December 26, 2023, about 1:00 pm, she was at work when two of her colleagues brought the 13-year-old girl to the office, accompanied by her mother and a male. The cop recounted receiving two cellphones and a contraceptive pill from one of her colleagues, who also provided her with additional information.

Upon receiving the information she proceeded to interrogate the girl, who then gave her a report.

She said the 19-year-old male showed up at the office shortly after and responded to specific questions while providing details about the minor.

The police witness stated that she then started an investigation into a case of sexual intercourse with a person under the age of 18.

Continuing her testimony, the constable stated that she contacted the girl’s mother and gave her specific instructions before taking the child to Savanna-la-Mar Public Hospital, where the mother later showed up.

The cop testified that while at the hospital, she accompanied the child’s mother, the minor, and a medical doctor to one of the examination rooms where the mother was asked for permission to examine the child. She stated that the doctor also asked the accused woman questions about the child and, upon being asked about her age, she stated that she was born in 2010.

The constable further testified that on January 12, 2024 the 13-year-old was brought before the Westmoreland Family Court as a child in need of protection and care, and her mother was subsequently charged on January 15.

According to her, when the defendant was cautioned she reportedly said, “Miss, [child’s name withheld] nuh listen.”