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Historical charge of indecent assault withdrawn at the second day of a two-day trial. The complainant, in his sixties, alleged indecent assault by his cousin of the same age during the 1970s, claiming a two-year period of intermittent abuse when both boys were in their early teens. The complainant originally advised police that the abuse began when he was twelve years of age. But during examination-in-chief he suggested the abuse began much earlier. Following the complainant’s testimony, Mr. Whitfield raised a jurisdictional issue: that the accused, on the revised timeline, could not have been lawfully charged with a criminal offence under the governing youth legislation. The Crown withdrew the charge.
