No Jail Time, but Indian Man found GUILTY of Workplace Sexual Assault

Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, September 15, 2023 – The CHIEF MAGISTRATE found Ritz Carlton ex-employee guilty of sexual assault on August 15, 2023; Magnetic Media was in court for the final day and verdict in a sexual assault trial against GYANARANJAN SINGH, 28 years old.

The trial of touching and groping a female in a sexual manner on her buttock in the work place resulted in a guilty verdict but the sentence was lenient as the man, though convicted, will serve no jail time.

His sentence was suspended and deportation recommended.

He was given a seven day grace period to get his stuff together and leave the country without immigration interference.  If Singh had failed to do so by or before the expiration of the grace period, immigration authorities would immediately be charged with making moves to detain the man in order to deport him back home to India.

The learned Chief Magistrate Mr. Jolyon Hatmin in his well articulate and self-explanatory reasoning for his decision said, he was convinced by the victim’s evidence led by Ms. Enjaleek Dickenson on behalf of the Prosecution that she was touched and groped sexually by the defendant.

The CM said the virtual complainant (VC) would know quite well when she’s been touched inappropriately.  He said that he was not convinced by the accused senior defense attorney Mr. Ashwood Forbes who accepted and said that “yes” there was a touch but his contentions leaned on the touch being “accidental” and “not sexual.”

Attorney Forbes submitted to the learned CM that the alleged incident happened in a small walk-in cooler/chiller with shelves and a trolley inside, while both(VC & defendant) were busy on a night in December of 2022, one of the busiest months in the peak tourist season.

Mr. Forbes invited the CM to look and please pay close attention to his client’s action after the accidental touch.  He began crying and stating he’s sorry, he ran the virtual complainant down as she tried to get away to make a complaint and he was repeatedly trying to stop her and kept saying I’m sorry… I’m sorry.

Forbes said this is a clear sign of he didn’t mean to do it, it was an accident.

Ms. Dickenson through re-examination challenged the defense assertion of how they incident went down, where it went down and that it was not an accident but a deliberate wrongful sexual attack on the female employee.

The CM explained the law on what he had to look for in the crown’s case.

He considered the proximity of the small space that the VC and the defendant had.  He considered consent but there was none in this case.  He said he accepted that the groping was by the defendant’s hand starting below and moving forward as described and re-enacted by the VC.

The CM as he concluded his written reasons, sentenced the defendant to 30 days at HMP, suspended for 12 months and deportation recommendation to take effect in seven days.

THE CHIEF MAGISTRATE’S “CONCERNING” OBSERVATION

After the sentencing, the Hon Chief Magistrate Mr. Hatmin paused for a moment and said “it is very troubling and extremely concerning that especially for men of color like ourselves, we always find ourselves disrespecting the opposite sex on the workplace.  It is a total disregard and disrespect for females that we cannot work around in an environment and not allow ourselves to be drawn away or taken down by sexual appetites and harassment of females on the workplace.

We must learn to appreciate and be able to work with the opposite sex and not make them uncomfortable.”