A CABBIE allegedly sexually assaulted a teenager as he walked home from work at night.

The 16-year-old told a jury of his "fear" as he was followed by a man he believed to be Lee Smith and how the man then grabbed him. He said the assault probably lasted five seconds, but "it felt like forever."

Smith, 24, formerly of Brunswick Street, Burnley, denies indecent assault on a male, last September.

The alleged victim, a carer, told Burnley Crown Court he had noticed the man "loitering" and moving up and down near the cinema in Burnley. He thought he recognised him from Union Cabs, Burnley, where he believed he was a driver.

As he walked, he "sensed something" but carried on walking. The teenager said he felt scared as he thought he was being followed, but thought the man would go away. As he went on to Pendle Way, he saw the man walking towards Burnley centre.

Questioned by Mark Rhind, prosecuting, the youth said he then noticed the person a couple of steps behind him and decided to let him pass. He said the man passed, suddenly turned round and assaulted him. The youth said a car passed and he ran to a phone box and phoned the police. A few months later, he went to an identification parade and picked out Lee Smith as the man who had grabbed him. Asked by Mr Rhind if he was sure it was the same man, the alleged victim said he was 90 per cent certain.

Cross-examined by John Woodward, defending, the teenager said he had not acknowledged his alleged assailant because he had wanted to get home. He agreed it was a "real puzzle," how the man said to be Smith managed to get behind him after he saw him walking towards the town centre.

Mr Woodward: "I suggest that, given the lighting conditions that you accept were very poor and the time it took to assault you, that you really don't know who it was that assaulted you." The teenager: "I got a good look at him."

Mr Woodward went on: "You can't be sure can you, because there's that ten per cent doubt, isn't there?" The complainant: "Yes."

(Proceeding)

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