MONTEGO BAY, JAMAICA — A woman has been found not guilty of willfully exposing her 13-year-old daughter to unnecessary suffering, following a trial that concluded on Thursday. The case, presided over by Judge Natiesha Fairclough-Hylton, garnered significant attention.
The woman, whose name is withheld to protect her child’s identity, was charged under Section 9 (1) of the Child Care and Protection Act. The prosecution alleged that she intentionally neglected her daughter by allowing her to leave with a 19-year-old man, who had no known connection to them.
During the trial, which began on May 20, only two witnesses testified. The defense, led by lawyer Jermaine Campbell, argued that the Crown failed to prove intentional negligence, prompting a no-case submission.
Judge Fairclough-Hylton emphasized that while the woman’s actions might be deemed irresponsible, they did not meet the legal definition of criminal neglect. The judge stated, “The prosecution has not satisfied that aspect of showing that you willfully neglected your daughter. Much more would have been desired in terms of good parenting, but I am bound by the law.”
The court heard that the girl was allowed to travel from St. James to Savanna-la-Mar, Westmoreland, to attend the Grand Market with the 19-year-old male on December 23, 2023. She was supposed to return on December 25 but stayed at the man’s house. On that day, she was reportedly in contact with another man, who later took her to his home, where sexual relations occurred. The following day, he provided her with a ‘morning after’ pill.
The girl and the men were stopped by police on December 26 while returning to Montego Bay and were taken to Savanna-la-Mar Police Station for questioning. The mother was subsequently charged based on the events.
In her ruling, Judge Fairclough-Hylton concluded that mere carelessness on the mother’s part did not equate to criminal neglect, leading to the not guilty verdict.
