Magistrate Wendy Rangan said that her version was credible. Brian Calis who was accused of indecent assault on his sister-in-law got the benefit of the doubt. The decision was made in at the intermediate court on Thursday, July 21.
The case dates back to October 26, 2011. On that night, an argument broke out between Brian Calis and his wife who is the sister of the complainant. The latter intervened and called the Grand Port Police.
The complainant stated that while she was sleeping alongside her husband on the night of 27 October, she felt someone touching her. She reported seeing a naked man that she identified as her brother-in-law, Brian Calis.
However, Brian Calis denied all allegations made against him. He argued that these allegations are followed by the dispute which broke out a day before. “Je m’étais rendu dans la salle de bains. J’avais une serviette autour de moi car j’avais laissé mes vêtements dans la chambre d’à côté. Je n’étais pas nu et je n’ai pas commis d’attouchements,” said Brian Calis who had hired the services of Me Neelkanth Dulloo.
The Court found that the version of the complainant was inconsistent. She said “had been seen” in particular without specifying whether it was her who had seen the person. Magistrate Wendy Rangan said the prosecution represented by Callychurn could not provide evidence that can establish guilt “beyond reasonable doubt”.