Veronica Vincent, a daycare owner who was accused of sexually assaulting a year-old baby girl in her care, was on Tuesday, discharged and acquitted by an Ikeja Special Offences Court.
Veronica was charged with a two-count charge of defilement and sexual assault by penetration.
Justice Oluwatoyin Taiwo said that as there had been no blood stain on the child on the day she was in the care of the defendant, there is no evidence to show the defendant sexually assaulted the baby (name withheld).
Taiwo maintained that the timing of the alleged sexual assault and when the mother of the child saw blood, differed.
“The issue is not that the child was not violated.
“The question is when? The mother of the child testified that she dropped off her child on Feb.12, 2019, at the daycare but she saw a blood stain on the child three days later.
“The mother did not see blood on Feb. 13 and Feb. 14 and she did not bring the child on these two days. If the child was sexually assaulted on Feb. 12, the blood stain would have been apparent.
“The mother testified that she took the baby to her sister’s house after she picked her up from the daycare on Feb.12 and three days after the baby had stopped attending the daycare of the defendant, the mother saw blood,”
The judge said the prosecution failed to prove that it was the defendant who defiled the child.
“The evidence before the court shows that while there was a sexual assault on a child of one year and nine months, the prosecution has failed to prove that it was the defendant that defiled her.
“The defendant is hereby discharged and acquainted,” Taiwo held.
Mr. Olakunle Ligali and Mrs. Omowumi Bajulaye-Bishi, the state prosecution team, alleged the defendant had sexually assaulted the minor by penetrating her with an unknown object.
They stated that the defendant committed the offences on Feb.12, 2019, on Ararat Street, Egbeda, Lagos.