Elderly Hattieville man awaits sentencing after being convicted of sexually assaulting 10-year-old

Posted: Sunday, August 4, 2024. 5:52 pm CST.

By Breaking Belize News Staff: Leo Smith, a 64-year-old resident of Hattieville Village, has been remanded to the Belize Central Prison following a guilty verdict for the sexual assault of a 10-year-old girl. Smith, who was unrepresented during his trial, now faces up to seven years in prison.

The trial, which concluded earlier last month, saw its decision handed on Wednesday at 2:00 p.m. in Court #6. The Senior Magistrate found Smith guilty of the offense, stating that the evidence provided by the young victim and her mother was both credible and unshaken.

The incident, which occurred on December 1, 2023, involved Smith removing the child’s tights and underwear and asking her for sex, promising her $2. The girl managed to escape and later reported the incident to her mother, leading to Smith’s arrest and charge of one count of sexual assault.

During the ruling, the Senior Magistrate emphasized that the prosecution needed to prove four key elements to establish the charge of sexual assault: the age of the child, the lack of consent, and whether the defendant believed the child had given consent. Given that the victim was under 10 years old, the Magistrate noted that she could not legally consent. The Magistrate found the child’s testimony consistent and credible, corroborated by her mother’s account.

Upon hearing the verdict, Smith, who had been out on bail, was visibly shocked and defensive, asserting his intent to appeal the conviction. He claimed the victim had fabricated the story and questioned the absence of the child’s clothing as evidence. The Senior Magistrate reminded Smith that the trial was the appropriate time for his defense and that the ruling was now final, though he retained the right to appeal.

Smith is scheduled to be sentenced on Friday, August 2, 2024. He has indicated his intention to call character witnesses to testify on his behalf.

Smith maintains his innocence, claiming that his only interaction with the child was accidentally stepping on her foot while delivering seafood to the house.

 

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