A Freetown Sibun man, who has been accused of rape and aggravated burglary walked free from the Supreme Court on Tuesday, after the key prosecution witness failed to show up at thes tart of trial.
Cannon Augustine Obispo, 24, was free to leave the court of Justice Troadio Gonzalez, after Crown Counsel Leroy Banner entered a motion nolle prosequi, because the complainant, a 61-year-old Canadian woman, had failed to show up for the trial.
Banner informed the court that his main witness had received short notice about the commencement of the trial and was unable to leave her home in Canada to testify.
He indicated, however, that the witness still intended to testify at a later date.
Justice Gonzalez informed Obispo that while he is free right now, the case against him is not over, because if the prosecution can get the witness to testify, the case will be brought back.
Obispo has been accused of the October 12, 2009, home invasion of an elderly couple in Freetown Sibun, during which the 61-year-old woman was raped in the presence of her 81-year-old husband.
The incident occurred around 2:00 a.m., when two men gained entrance to the home by forcing their way through a window. Once inside the home, they tied up the home owners and proceeded to rape the wife in the presence of her husband.
The assailants held the homeowners at gunpoint before binding their hands and feet. The gunmen made off with a number of items from the home, including a television set, laptop computer, digital camera and other items, amounting to $32,000.
Although two men committed the crime, only Obispo was charged.
Outside of court, Obispo said that that he had been wrongfully charged.