Construction worker: “I didn’t do anything, I was just playing”

Wednesday 30 October 2019

A construction worker on trial for allegedly groping a young girl has protested that he was “tickling” over her clothes and “just playing”, and that there was nothing sexual about his actions.

The comments came from Manuel Antonio Marques Duarte (55), as he took to the stand to deny the single charge of indecent assault brought against him on the second day of his Royal Court trial.

Facing questions from his own lawyer, Mr Duarte told the Court with the aid of an interpreter that his “character is good” and that he is “not a brute person".

He added: “I like to talk with everyone. I get on with everyone… I behave well. I don’t do anything bad.”

When asked about how he is in relation to children, Mr Duarte said: “I like playing with them. I’m friends with them.”

Pictured: Manuel Duarte gave evidence on his own behalf.

He added that he was “friendly” with kids and that he “like[s] children".

The construction worker also denied that he’d had a lot to drink on the evening of the alleged incident.

Elsewhere in his evidence, Mr Duarte refuted the evidence of his alleged child victim, who gave evidence before the jury via a taped Police interview and live testimony through video link. 

Contrary to the account of the child, who claims that Mr Duarte whispered, “Is it okay if I touch this bit?” before assaulting her, the defendant claimed that he didn't whisper anything to her. His evidence was that he was “just talking low”, but it was “not in the ear".

When his lawyer asked him if he told the girl, “Don’t tell anyone,” Mr Duarte replied: “That couldn’t have happened.”

He denied indecently assaulting the child, but he said: “If I touched her, it was when I was playing with her.”

Facing a grilling from Solicitor General Mark Temple, who is leading the prosecution case, Mr Duarte told the Court that he’d had about “four glasses of wine” on the evening in question.

The prosecutor focused on one aspect of the alleged victim’s evidence that Mr Duarte had grabbed her by the wrist and told her to “shush” both before and after assaulting her. 

Pictured: The prosecution is being run by Solicitor General Mark Temple.

In cross-examination, Mr Duarte admitted that he had grabbed her wrist but that it was “just by chance”.

He repeated his account that “if [he] touched her, it was outside” her clothing. 

The Solicitor General reminded Mr Duarte of the alleged victim’s evidence and that she was “very clear that you touched her inside her trousers".

To this, Mr Duarte said: “She could have said that, but that’s not true.”

He could offer no explanation as to why the girl would make up the allegation.

The Court also heard evidence from DNA profiling expert Kerri Allen, who specialises in sexual assault cases.

Called by the defence, she gave testimony regarding analysis of the girl’s underwear, which was seized by Police on the same evening as the assault allegedly took place.

Pictured: The defence called a DNA profiler as an 'expert' witness.

Answering questions from Advocate Haines, the ‘expert’ witness told the Court that the DNA analysis of different sections of the underwear was inconclusive.

Mrs Allen explained that minor traces of DNA matching with Mr Duarte’s profile were found inside the waistband, but this was not conclusive proof that he touched her underwear in the way the alleged victim described.

For various reasons - including coincidence and indirect transfer - she said that these components could have ended up on the underwear without Mr Duarte touching the underwear himself. 

Mrs Allen added that she would "have a reasonably high expectation of finding [Mr Duarte's] DNA" on the girl's underwear if he assaulted her in the way she describes.

In cross-examination, the Solicitor General emphasised the limitations of academic studies in this area and the fact that Mr Duarte could equally not be ruled out from having touched the underwear.

The trial continues this morning.