ODPP addresses assault cases involving American tourists

The Office of the Director of Public Prosecutions today outlined details of cases of the sexual assault involving American tourists.

See full media release below.

The Michaelmas Session of the St Ann Circuit Court commenced on October 8, 2018, with 157 matters listed for the period of October 8, 2018, to November 2, 2018.

The list includes 49 sexual offence matters before the Court. Of these 49 matters, three matters involved United States Nationals and the other 46 involved only Jamaican citizens as accused and complainants.

R v Edward Regensburg charged for buggery

The trial of the first matter of R v Edward Regensburg commenced in the Circuit on October 9, 2018, and was completed on October 16, 2018. According to the allegations, the accused and complainant, both American nationals, travelled to Jamaica on the accused man’s private jet from America for a romantic vacation. They stayed at a resort in the parish of St Ann where they shared a room.

Sometime between the night of July 18, 2018 and the morning of July 19, 2018 both retired to bed. The allegations further reveal that while the complainant was lying on her side on the bed, she was flipped over on her hands and knees by the accused who was positioned behind her with his genitals facing her buttocks. It was further alleged by the complainant that the accused then proceeded to have anal sex with her against her will. The following day, she reported the matter to the hotel security and then to the police.

The accused was subsequently arrested and charged for the offence of buggery. Throughout the trial, the defendant maintained that he did not have anal sex with the complainant but instead maintained that he only had consensual vaginal sex with her. At the end of his trial, he was found not guilty by a seven-member jury. He was represented by Ernest Smith, attorney-at-law.

R v Lincoln Kline charged for the offences of grievous sexual assault and rape

In the trial of the second matter, which commenced on October 22, 2018, the accused and the complainant were both US Nationals. According to the allegations in the matter, the complainant travelled to Jamaica with her female companion to attend the wedding of her mother. They checked into a hotel in St Ann sharing the same room. The accused and his wife travelled to Jamaica for a vacation and checked into the same hotel for a vacation. The accused and his wife met the complainant and her female companion for the first time at the hotel. They had not known each other prior to arriving in Jamaica.

The further allegations are that sometime between the night of May 18, 2016, and the early morning of May 19, 2016, the accused and the complainant were talking while at one of the bars at the hotel. The accused then leaned over towards the complainant and tried to kiss her and the complainant refused his advances. It is alleged that the accused then proceeded to perform oral sex on the complainant at the piano bar on a lounge chair without her consent and then had sexual intercourse with her without her consent. Shortly after four in the morning, her female companion woke up and on not seeing the complainant in the room went searching for her. The matter was reported by the complainant to the police on May 19, 2016 and the accused was pointed out and charged with the offences of grievous sexual assault and rape. He was subsequently brought before the St Ann Circuit Court.

Throughout the trial, the defendant maintained that he had consensual oral and vaginal sex with the complainant. He also indicated that though he had cheated on his wife, for which he was sorry, she had forgiven him. At the end of his trial, he was found not guilty by a seven-member jury. He was represented by Ernest Smith, attorney-at-law.

Final case

There is a third matter pending and set for priority trial in the St Ann Circuit Court in January 2019. This matter could not be reached as there were other matters on the trial list in progress. This matter involves a Jamaican national as the accused who was employed to a hotel. The complainant in that matter is a US national.

The matters in the St Ann Circuit were prepared and prosecuted by Miss Cadeen Barnett, Assistant Director of Public Prosecutions and Miss Shauna-Kaye James, Crown Counsel.

We want to hear from you! Send us a message on WhatsApp at 1-876-499-0169, email us at editors@gleanerjm.com or onlinefeedback@gleanerjm.com.