QUEEN'S BENCH DIVISION
Royal Courts of Justice
B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE HENRIQUES
|IN THE MATTER OF AN APPLICATION FOR HABEAS CORPUS AD SUBJICIENDUM|
|IN THE MATTER OF THE EXTRADITION ACT 1989|
|THE GOVERNMENT OF HM PRISON BRIXTON AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA||(DEFENDANT)|
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MR J HINES (instructed by The Governor of HMP BRIXTON) appeared on behalf of the FIRST DEFENDANT
THE SECOND RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED
Crown Copyright ©
(8) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any representations made in support of the extradition request or on behalf of that person, that the offence to which the authority relates is an extradition crime, and is further satisfied ... "
that the evidence would be sufficient to make a case requiring an answer by that person if the proceedings were the summary trial of an information against him; in other words, does the evidence relied upon raise a prima facie case? Accordingly, it is necessary to look at each of the charges.
"He put his hand into my pants and panty and touched my noenoe (vagina), he did not put his hand in my noenoe (vagina)."
As Mr Hines submitted in his helpful skeleton argument, once there is evidence that the applicant had his hand inside or on the victim's underpants, the issue of indecency is satisfied. No more need be said.
"He (Uncle Ray) is naughty. He touches my flower (vagina).
I went to the doctor so they can see if there were spiders but there was no spiders in my flower (vagina). Only Uncle Ray's finger was in my flower (vagina)."
It is submitted that this passage makes no sense with the word "vagina" deleted. I do not agree. Any reasonable tribunal of fact would deduce that the word "flower" had been used as a childish euphemism for vagina. The visit to the doctor and the assertion that "Uncle Ray was naughty" permit no other interpretation.
"Uncle Ray touched me on my piepietjie part (points to her vagina) and my tieties (breasts) ...
[He] put his hand inside my panty and played with my piepietjie (vagina). He also put his hand inside my top and played with my tieties (breasts)."
Once a hand has been placed both inside pants and a top there is the clearest evidence of an indecent assault.
"Uncle Ray touched me on my fanny (vagina)...
Uncle Ray would call me to sit on his knee and would touch (pat) my fanny. He did not put his hand inside but on top of my panties."
It is submitted that there are various meanings attributable to the word "fanny". The Concise Oxford Dictionary (10th Edition) gives two meanings to the noun, the first:
"British vulgar slang a woman's genitals;"
"Informal, chiefly North American, a person's buttocks."
Whichever interpretation a tribunal of fact chose to put on the noun would, in my judgment, result in a finding of indecency.