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Man Accused Of Rape Walks Free

A man walked out of the High Court in Suva yesterday a free man after Justice Janaka Bandara overturned a unanimous guilty opinion by the assessors. The accused, on May
24 Sep 2014 08:29
Man Accused Of Rape Walks Free
Flying Fijians at the ANZ National Stadium in Suva

A man walked out of the High Court in Suva yesterday a free man after Justice Janaka Bandara overturned a unanimous guilty opinion by the assessors.

The accused, on May 29, 2010 was charged with three counts of raping a student inside a school computer lab at an island in the Central Division.

The assessors had found him guilty.

In his judgment, Justice Bandara said he was not inclined to accept the student’s version as true and convincible.

Justice Bandara said there was a clear contradiction between two prosecution witnesses as to how the whole episode initiated.

Justice Bandara said that according to prosecution witness, the complainant had come out of the computer lab ‘smiling and trying to pull her skirt properly’ rather than ‘angry and frightened’ as the complainant had claimed.

It is alleged that the accused had sexual intercourse continuously.

The complainant claimed she was called inside the computer lab by the accused where he allegedly raped her.

Justice Bandara said after analysing all the anomalies he came to the only conclusion that the complainant was not telling the truth to the court. He said a careful analysis would reflect that the complainant’s version lacked credibility for a trial court to be sure of her and the guilt of the accused.

Pursuant to section 237 (4) of the Criminal Procedure Decree, the unanimous opinion of the assessors was overturned and the accused was acquitted accordingly.

Feedback: farisha.ahmed@fijisun.com.fj

 

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