Cop accused of rape wants right to question accuser
A police officer facing extradition for the alleged rape of a woman nine years ago should have the right to question his accuser, his lawyer told a court yesterday.
Nyahuma Bastian is accused of sexually assaulting the woman on April 26, 2001 while they were both students at the University of North Texas.
Bastian joined the Royal Bahamas Police Force when he returned to The Bahamas. He was arrested on the extradition warrant when he reported for duty at the Central Detective Unit on June 10, 2010.
Bastian appeared before Magistrate Guillimina Archer yesterday for the start of a hearing to determine if there is enough evidence to order his return to Texas to face trial on the rape charge.
However, his lawyer Murrio Ducille raised a preliminary objection, saying that Bastian had a constitutional right to question his accuser during the hearing.
Neil Brathwaite, chief counsel in the Office of the Attorney General who represents the United States government, said that he was not in a position to respond to the argument. Brathwaite said there were legal authorities on the issue, which he will present when the hearing continues on February 2.
Bastian is on bail and has been suspended from the police force pending the completion of the extradition hearing.
Bastian is also represented by Krysta Smith and Devard Francis.