NATION

Man Not Guilty Of Raping His Wife, Say All Three Assessors

All three assessors, at the High Court in Suva yesterday, found a man not guilty of raping his wife. They also found him not guilty of assault and causing actual
01 Sep 2017 09:40
Man Not Guilty Of Raping His Wife, Say All Three Assessors

All three assessors, at the High Court in Suva yesterday, found a man not guilty of raping his wife.

They also found him not guilty of assault and causing actual bodily harm of his wife.

Justice Thusara Rajahsighe will hand down his verdict today after the final summing up of the prosecution and defence.

Defence lawyer Talei Kean said her client, a Kadavu man, had denied the charges. She claimed the complainant made the allegations after he refused to get back with her.

Ms Kean said the accused was a faithful and loving husband and father of six young children.

She said he was in the plantation when the alleged incident occurred and the complainant (his wife) had run away to Suva on March 31 last year.

Ms Kean told the court the complainant gave her first Police statement three days after the alleged incident and a second statement five months later.

Ms Kean submitted that despite giving two statements there were inconsistencies recorded.

“I showed her the statements and in the first statement she said he punched her stomach after having anal sexual intercourse. Then in the second statement she says he punched her right ribs before anal sexual intercourse,” Ms Kean said.

“She even agreed that these were two different versions and she had no proper explanations for this.”

Ms Kean said most of the things the complainant said in court were not given in her statements.

“We, the defence, submit that she is not a credible witness, she is not a honest witness and she should not be believed.”

State Prosecutor Unaisi Tamanikaiyaroi told the three assessors that the complainant got emotional in court and wanted to withdraw the case because she was thinking of her children.

However, Ms Tamanikaiyaroi said the complainant maintained that the accused had assaulted and raped her.

She said the complainant’s children were young and they had a future ahead of them.

Edited by Ranoba Baoa

Feedback: fonua.talei@fijisun.com.fj



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