Youth acquitted on charge of rape

Press, 8 April 1978, Page 5

Youth acquitted on charge of rape

After deliberating for more than three hours, a jury in the Supreme Court yesterday found Mathew Earl Hutana, aged 17, unemployed, not guilty on a charge of rape of a girl, aged 16. on December 26. Mr Justice Roper discharged Hutana. Mr D. J. L. Saunders appeared for the Crown, and Mr M. J. Glue for Hutana.

The Crown alleged that Hutana had raped the girl in the back garden of a house in Woodham Road where members of the Black Power gang were holding a party.

In his final address to the jury, Mr Saunders submitted that Hutana had threatened to put the girl “on the block”. Medical evidence showed that there had been ntercourse with some degree of force. Mr Glue, in his address, submitted that members of the jury must not be prejudiced against Hutana be cause of the sordid details if the case. Thev had heard a lot about the Black Power gang, its brawling, putting girls “on the block”, and’ “gang bangs”, all of which! suggested a code of behav-j lour on an animal level, but; it was not a court of morals. It was obvious that the.

girl had lied while on oath, IMr Glue submitted. She had attempted to deceive the i Court about the amount of I liquor she had consumed bn the day. She was “a glib liar” and had hedged when under cross-examination about the number of times she had been to the Imperial Hotel. During the day in question she had been to hotels on eight or nine ocasions, which was “a pretty good day out” for anyone, let alone a girl aged 16. “The girl’s testimony is full of holes, contradictions, and lies,” Mr Glue said. Hutana had been an impressive witness, and it would be wrong of the jury to find him guilty on the unreliable evidence of the girl. There were no bruises in the girl and the scratches on her back could be expected to be found on anyone who had had intercourse on rough, overgrown ground. Her clothing was not torn. After the alleged offence, Hutana had referred to the ; girl as his “Mrs,” which was a strange remark to make about a girl whom he was supposed to have raped, a short time before. The Crown had failed to prove its case beyond a reasonable doubt, Mr Glue said.