By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

A FORENSIC biologist testified yesterday that DNA found in a used condom linked to the alleged gang rape of a teenage girl in 2018 did not match the man on trial.

Royal Bahamas Police Force forensic biologist Gale Brennen read the results of a DNA analysis during the unlawful sexual intercourse trial of Cleveland McPhee, who is accused along with another man of raping a 14-year-old girl in a half-finished building on Wulff Road on June 25, 2018.

Ms Brennen told the court that a report from David Aguilar, a forensic analyst at International DNA Labs, showed that a condom recovered from the scene contained both male and female DNA. The female DNA matched the complainant’s, but the male DNA did not match either Cleveland or Trevor McPhee.

Ms Brennen said an unknown man’s DNA was found.

She noted that The Bahamas has no DNA analysis facility and that all such tests are outsourced overseas.

Ms Brennen said she received two tubes of blood from each of the two accused men from Inspector Raquel Francis on July 12, 2018, and a sexual assault kit from Corporal Dorsett on July 20, 2018.

The kit contained hairs, oral and vaginal swabs and smears, blood and saliva samples, the complainant’s underwear, a broken condom, and a condom fragment.

Ms Brennen testified that while blood was present on the vaginal swab, there was no evidence of seminal fluid. However, she said seminal fluid was detected near the inner crotch area of the complainant’s underwear.

She explained that only a qualified DNA analyst could interpret the data in full detail.

In his opening statement, defence attorney Nathan Smith told jurors that the case rested on a “mere allegation” and argued that the prosecution’s evidence supported the defence.

He said there were major inconsistencies in witness testimony, claiming that the complainant’s mother contradicted her daughter by saying she never gave permission for her to leave home that night.

Mr Smith also said police and medical witnesses reported that the complainant initially told them she did not know her attackers, contradicting her later claim in court that she recognised one of them.

The attorney further questioned her claim that a struggle took place, noting that crime scene photographs showed no signs of a disturbance.

After calling one witness, the defence closed its case. The defendant elected to remain silent.

Justice Jeannine Weech-Gomez presided over the matter. Desiree Ferguson and Tanisha Forbes represented the prosecution.