39 year-old Francisco Gomez, better known as "Indian", is spending his second night of a 3 year sentence after he was convicted of sexual assault in the court room of Chief Magistrate Ann Marie Smith.
The victim, an 11 year-old child, testified that she was at her grandmother's house on April 19, 2015, in Burrell boom. She was watching television and when she got up to get some water Gomez slapped her rear end.
She said Gomez, who smelled of liquor, also slapped her face and threatened to kill her if she told anyone. Gomez then put his hand around her waist and tried to kiss her. She said that when she told her grandmother what had happened, she drove Gomez from the house.
In his defence, Gomez gave a statement from the dock in which he denied he committed the offences. He said he was at the house watching a movie when the child told him he was watching a simple movie and took out his DVD and put in one of her own. He said when he removed her DVD, she started to cry. Gomez said she then went into the bedroom and her aunt came and asked him why he slapped the child. He said he then threw the remote control on the table and left the house.
After consideration, Chief Magistrate Smith told him she didn't believe his story and she found him guilty of sexual assault, common assault, and threatening words. She sentenced him to serve a total of 3 years in jail.
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