Probable cause found to try man accused of sexual assault

The Superior Court has found probable cause to try a man accused of sexually assaulting a woman when he allegedly forcefully tried to massage her.

Last Wednesday, Superior Court Associate Judge Joseph Camacho found probable cause to try Abul Hossain for sexual assault in the second degree and disturbing the peace.

“The court heard the testimony as presented by the government’s witnesses, Dr. Edward White and Police Officer I Dennis Borja, and based upon the matters adduced at the hearing, the court finds probable cause to believe that the crimes of sexual assault in the second degree as charged in count I of the first amended information, and disturbing the peace as charged in Count III of the first amended information, were committed and the person who may have committed said offenses is Abul Hossain. The defendant is therefore held to answer said charges,” Camacho’s order stated.

However, Camacho dismissed without prejudice the crime of aggravated assault and battery. This means the charge can be refiled.

After the hearing, Camacho set Hossain’s arraignment for today, Aug. 1, at 9am before Presiding Judge Roberto C. Naraja. The defendant was remanded back into custody following the hearing.

During the preliminary hearing, Hossain appeared before the court in Department of Corrections custody with his lawyer, assistant public defender tyler Scott, and his interpreter, Manzarul Alam. Meanwhile the government appeared through assistant attorneys general Robert Glass and Carmen Borja.

Two weeks ago, Hossain, 58, was accused of forcefully massaging a woman and sexually assaulting her in the process. The court imposed a $50,000 cash bail on the defendant before remanding him back to DOC for failing to make bail.

According to court documents, Hossain allegedly sexually assaulted the victim at her home on Tinian last July 9, but the incident was not reported until July 10. Police were made aware of the alleged incident after the victim’s brother, who is off island, called police to check on his sister on July 10. When police got to the residence, they met with the victim who reported that Hossain had sexually assaulted her the day before, July 9.

The victim told police that her family had employed Hossain a few months back to clean their yard. On the day of the alleged assault, Hossain met with the victim at her home where he was to pick up his payment. When he noticed that she was limping, Hossain allegedly massaged the victim’s ankle without her consent and despite her pleas for him to stop. She also alleged that he touched her inappropriately and tried to kiss her on the lips multiple times but she kept moving her face away. After the forcible massage, the victim said Hossain got up and left.

The next day, July 10, the victim said Hossain came back and was knocking on her window, saying that he brought her food but she did not respond. She added she had a panic attack and this prompted her to call her brother to tell him what had happened.