The alleged victim and first witness in the trial of 51-year-old former Eight Mile Rock art teacher Andre Birbal, returned to the stand yesterday for cross examination.
The young man, said he was in the seventh grade and just learning how to read when Birbal “jacked things up” for him.
The witness said to this day, he still cannot read nor write and does not know how to use the computer.
However, Birbal’s attorney Ramona Farquharson-Seymour suggested the witness was lying and told the court that he has two active Facebook accounts.
But according to the witness, his girlfriend and the mother of his three children, is the one who posts to the social media site from his account
The defense attorney went further, putting it to the witness that he graduated in 2007.
Visibly upset, the young man slapped the witness booth, grabbed onto his locks and shouted, “I didn’t get to graduate.”
He then pointed at Birbal and said “Ask him why I didn’t,” prompting the accused to look up at his alleged victim for the first time since the trial commenced.
Birbal had been reading and writing in the prisoner’s dock during the witness’ emotional testimony.
The defense attorney then put it to the witness that when he was examined by a doctor, they found that there were no signs of abuse around his bottom.
However, the witness said after he reported the incident, he was taken to Grand Bahama’s Rand Memorial Hospital, where a female doctor examined him and noticed some scarring to his anus.
Birbal’s attorney then suggested that after the doctor told him nothing was wrong, he became enraged and had to be restrained.
Mrs. Farquharson-Seymour added that when the witness was approached by teachers and the principal, he confessed that Birbal had not touched him.
He agreed, but noted that it was only because he was in the same room with Birbal and the other teachers and said he was intimidated.
He said he was called into the office where the teachers were, along with the principal and Birbal and was made out to be a liar.
The witness said as he would tell the teachers what happened, they would look to Birbal and ask him if it were true.
He said after Birbal denied it, they would then look back at him and ask why he was lying on his teacher.
He said as a child, Birbal should not have been in the room when he was being asked questions in the first place.
The young man became even more enraged as his testimony continued.
But, the attorney also put it to the witness that when he is presented with the truth, he gets rude and unruly.
As she said all this the alleged victim could be seen rocking from side to side, removing the hair fastener from his locks, clenching his fists and breathing heavily.
On numerous occasions, the judge asked him to calm down and simply answer the questions.
The prosecution’s team is led by Darnell Taylor.
The trial continues before Justice Roy Jones.