Saturday, September 17, 2011

Pastor on trial for raping nine year old girl

FREEPORT - Albert Alexander Whylly, the clergyman accused of having sex with a nine-year-old girl, gave sworn testimony before a Supreme Court jury yesterday after the prosecution closed its case.

Whylly, 59, denied having sex with the victim, who was a fourth grade student on February 6, 2011, when the incident is alleged to have happened.

According to earlier evidence, the mother of the victim dropped her daughter at the Whylly home around 6.30pm on the day in question.

The mother asked Whylly's wife to watch the girl for about three hours while she was at a Super Bowl party.

The mother testified that she had known Whylly for 18 years. She took her daughter to the home about once or twice a week, she said.

Whylly, a pastor and fruit vendor, told the court he was at home when the alleged victim arrived.

He took her, with some other children who were at the house, to a nearby party at his sister's house in the church van, he said.

After getting them some food, he decided to take the children home, he said.

After dropping the children, he said he went home to pick up his wife while the alleged victim stayed in the van.

When he got home, his wife and daughter were leaving in another car, he said.

The prosecution asked Whylly if he had a conversation with his wife.

"I didn't speak with my wife, I went inside to use the bathroom," he replied.

Whylly testified that he left the victim in the van alone and in the dark. He said they returned to the party around 7pm.

The prosecution asked if it had crossed Whylly's mind to send the alleged victim with his wife, who was also going to the party.

"No, it never crossed my mind," he said.

According to earlier testimony by the alleged victim, she was told to stay in the van while Whylly went inside. After his wife left, she said, Whylly told her to come inside the house.

It is alleged that Whylly had sex with the girl on a blanket on the floor in the front room of the home.

The alleged victim said Whylly told her not to tell anyone, and instructed her to say he was in the bathroom if anyone asked what he had been doing.

The alleged victim wrote her mother a note the following day (February 7) telling of what had happened, according to testimony.

The mother said after reading the note, she contacted the police and put her daughter's clothing and underwear in a bag which she gave to investigators.

The note, which was signed by the alleged victim, was entered as evidence by the prosecution.

Sgt Terryjo Lowe of Sexual Crimes Unit, the lead investigator, told the court she went to the Rand Memorial Hospital around 7.28pm on February 7, where she saw the mother and daughter and filled out a police hospital form.

Sgt Lowe said she collected a sexual assault evidence kit from the doctor and proceeded to CDU.

Some time around 10pm, Sgt Lowe and Sgt Michael Merinard went to a home on Jobson Avenue, where they arrested Albert Whylly.

Sgt Lowe said she instructed scenes of crime officers to take photographs of the home.

She said Albert Whylly was interviewed by police, but refused to give a statement.

During cross-examination, Carlson Shurland asked Sgt Lowe if his client had been co-operative.

The officer said Whylly was co-operative and agreed to go to the hospital to give a blood sample.

"Did you check for evidence inside the Whylly residence?" Mr Shurland asked.

"No," she replied.

"Did you find a sheet or blanket?" he asked.

"No," she replied.

According to earlier testimony, no DNA evidence was found on the victim's clothing.

The trial resumes today.

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