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Judge Dismisses Rape Charge After Complainant Requests Withdrawal

  A 38-year-old man from Cakaudrove walked out of the High Court in Labasa a happy man after the judge dismissed his case. Justice Paul Madigan said there was no
12 May 2017 11:00
Judge Dismisses Rape Charge After Complainant Requests Withdrawal

 

A 38-year-old man from Cakaudrove walked out of the High Court in Labasa a happy man after the judge dismissed his case.

Justice Paul Madigan said there was no other evidence before the court and the case was now dismissed because there was no case to answer.

He made the decision after the complainant, the state prosecution’s only witness, requested to withdraw the case because it had been going on for seven years.

“I have a family, I am happily married and after the traditional reconciliations were carried out, I forgave him,” the complainant said while taking the stand.

“I am past the trauma of what I had gone through, I have moved on, I am happy and that is the sole reason why I wish to withdraw the case.”

When Justice Madigan asked her if she could relay the events of April 6, 2010, in Cakaudrove, the complainant who appeared distraught, refused, saying she wanted to drop the case.

State prosecutor, Amelia Vavadakua, told the court that the witness was not properly responding to questions put to her.

“She keeps on saying I want to withdraw, I want to withdraw, I want to withdraw as an answer for questions asked,” she said.

The prosecution later tried to invoke Section 118 (b), which states that if a person sworn in declined to answer questions could be imprisoned. However, Justice Madigan refused to apply the sanction dictated by section 118 because it was after seven years and that the complainant was happily married with her own family.

He also said the traditional cultural apologies and settlement had also been done.

Accused, Maikeli Dawai from Tacilevu Village was charged with one count of rape.

He said: “I am so relieved because first of all I was falsely accused and I never committed the crime that I was charged with.

“And this case has been pending for seven years, seven years of worry, of being scorned at and now justice has prevailed.”

 

Edited by Naisa Koroi

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