MercoPress. South Atlantic News Agency

Penguin News Update.

Headlines:
School musicians gain exam passes; Man cleared of child assault; Lack of information ?irritates' councillors; Congo House wrecked by FIRE.

School musicians gain exam passes

A LARGE group of Community School students have passed theory exams with the Associated Boards of the Royal Schools of Music. Carol-Ann Goss, Ryan Buckett and Layla Crowie gained Grade One passes, while Andrew Felton, Victoria Collier, Lucas Biggs, Kimberley Buckett, John Didlick, and Lucinda Judd passed with merit. Dion Robertson, Saul Zuvic and Nadia Smith gained Grade One distinctions. Grade Two was passed by Samuel Elliot and Karen Minto; Marita O'Sullivan, Helen Davies and Julian Barton all gained distinctions. Christine Hewitt and Hannah Pointing gained Grade Three passes, along with Edward Freer who was awarded a distinction. Grade Four passes were achieved by Rosalind Elsby and Frances Douse, who gained a merit; Helen McKay and Marcus Porter both gained distinctions. Hannah Arthur-Almond gained a Grade Five pass with merit. Music teacher at the CommunitySchool, Mrs Shirley Adams-Leach said she was, "...very proud of all their achievements."

Man cleared of child assault

A VERDICT of "not guilty" delivered by the Senior Magistrate yesterday ended the ordeal of a man accused of assaulting a child. Having "very carefully" examined the evidence presented at the trial of Goose Green resident Robert William Smith (50), Senior Magistrate Clare Faulds yesterday cleared the man of causing actual bodily harm to and intentionally touching a child under the age of 13 in a sexual manner. Before the trial began on Wednesday morning, Mr Smith had a charge relating to penetration with an object dropped because results of scientific examination proved inconclusive. DNA results from the examination provided a mixed profile on the goose wing with which Mr Smith was alleged to have assaulted the complainant. The trial, expected to last three days, instead ended at midday yesterday. Mr Smith chose not to take the witness stand. The court heard evidence by video link from the young complainant who alleged she was threatened with a knife - resulting in a minor abrasion on her thumb - and sexually assaulted with a goose wing by Mr Smith at his home at Goose Green during a weekend in September. Defence Counsel Guy Napthine submitted that, based on the child's evidence alone, the prosecution's case would have been clear. However evidence from other witnesses complicated the picture. He said the minor abrasion on the child's thumb could have been, as stated in evidence by the Chief Medical Officer Dr Roger Diggle, "caused in any way," and bruises recorded at a medical examination in September could have been caused by anyone in the six days prior to examination. He added that both the child and her father had given evidence that he (the father) had, on occasion, "been rough." When asked if Mr Smith had "taken hold" of her the child had answered "no". The Defence Counsel asked the child's father if he had ever suggested that if compensation was forthcoming from Mr Smith he would encourage his daughter not to give evidence, however he denied this. Mr Napthine also put it to the man that he was violent towards his daughter to which he replied, "...only in drink". The defence said that although the sexual assault was described by the complainant as a painful process, no cries or shouts were heard by her mother who would have been in the kitchen of the small house at the time. The child's mother, in her testimony, said the only time the child had been out of her sight on the day of the alleged assault was while she was preparing supper. Mr Napthine said the evidence given by the child must be, "...viewed with the greatest level of caution," and that the child could be drawn to say "almost anything" although she always returned to the substance of the story. He expressed concern that the child's father, after several days drinking, spent time with the child between examination by her mother and the visit to the hospital and reminded the court that when it was suggested to the child that she had been told to say things about Mr Smith that were not true she had answered "yes". Mr Napthine said that if the court, with all the manifest dangers, relied on the evidence of the complainant then looked at the evidence of the child's mother, the case became, "...utterly unsafe and incapable of any just verdict other than that of not guilty on each count." Mrs Faulds adjourned the case for a short time yesterday morning to deliberate and upon return, said she had looked at the "consistencies and inconsistencies" of the evidence which had been put before her. She said she was satisfied that a high degree of "horseplay" took place on the weekend in question and that some recollections of behaviour may have been affected by drink on the part of the adults. She commented, "I feel that there was undoubtedly some inappropriate behaviour during that weekend, but I have to evaluate that behaviour and decide if it does amount to such as to meet the requirements to prove these offences/charges beyond reasonable doubt." Continued on page 3

Lack of information ?irritates' councillors

LEGISLATIVE Council's monthly spokesperson, Mike Summers, says he and his colleagues were "irritated" to learn through the South American media that a meeting had taken place between Foreign Office Minister Bill Rammell and Argentine Foreign Minister Rafael Bielsa. Councillors only learned of the meeting after Argentine daily newspaper Clarin reported it late last week. Mr Summers said Council was "irritated" that "yet again we find out about the meeting not from official sources but from Clarin" and that he and his colleagues expect to receive a report soon about the meeting. He added, "...we have made our views known on this to the visiting Director of the Americas, Robert Culshaw." Mr Summers and his colleagues say they accept the reason given as to why it took so long for them to be informed about the meeting, attributed to a lack of access to "secure communications." However, despite their irritation at not being told about the meeting, Mr Summers said councillors have found Mr Rammell to be, "...open and honest in his dealings with us." He said the meeting, initiated by Mr Bielsa, took place in "the margins" of the G24 conference in Colombia; the issue of flights to the Falklands was raised and, "Mr Rammell made it clear that we awaited clarification of the Argentine position (proposals were put from our side to the Argentines last February, following which there has been no response)." It is understood that high seas fishing was also discussed and Councillor Summers said, "...again the Argentine side will seek to clarify its position to the UK." He said it was "not unusual" that such a meeting should be requested by one side - in this case by Argentina - in the margins of principal meetings taking place, "...indeed it is often the best way to make progress on issues of mutual interest."

Congo House wrecked by FIRE

AN INVESTIGATION is underway into a fire which destroyed Congo House, in Falklands Landholdings Ltd-owned camp near North Arm. Inspector Len McGill of the Royal Falkland Islands Police confirmed the investigation is being conducted with the assistance of the Special Investigations Branch of the Joint Services Provost and Security Unit at Mount Pleasant Airport.