Accused, 73, Granted Bail In Alleged Case of Rape, Indecent Assault of Family Members
A 73-year-old man alleged to have raped his biological daughter, impregnated her and raped the child that she gave birth to was released on bail at the High Court in Suva on Wednesday.
The accused is charged with four counts of rape and three counts of indecent assault.
In his bail ruling Justice Riyaz Hamza said under normal circumstances the Court would never consider bail for offences of a similar nature.
However considering the accused’s age and his physical disability, the Court was granting him bail on strict bail conditions.
The Court heard that the accused had allegedly raped three complainants namely his daughter, the daughter that his daughter gave birth to and his daughter-in-law.
The rape incidents allegedly occurred between 1982 and 2016.
The accused is alleged to have sexually assaulted his biological daughter in 1982 when she was 10 years old.
When she was 15 years old she allegedly became pregnant with his child and she was allegedly continually molested until 1992.
The second complainant who is allegedly his daughter/granddaughter, was allegedly sexually assaulted when she was 10 years old in 1997 and was allegedly continuously molested until 2013.
The third complainant, who is his daughter-in-law was allegedly raped in 2016 when she was 20-years-old.
Justice Hamza said the accused had spent 14 months in remand.
He said the accused has a fractured foot and had difficulty in walking.
His physical disability was confirmed by his medical report, which was issued by Colonial War Memorial Hospital doctor Osea Volavola on August 23, 2017.
The Court also noted that the accused had a physical deformity in his left arm and had hypertension, which may need to be followed up as an outpatient.
Justice Hamza released the accused on $1000 bond and a surety.
He was ordered to reside with his surety for the duration of the case and not to change his address without the Court’s approval.
The accused was ordered not to interfere with the Prosecution witnesses and not to contact the complainants.
He was also ordered to report to the Nasinu Police Station every first Saturday of the month between 8am and 6pm. His case will be called again in the High Court on June 13, 2018.
He is represented by the Legal Aid Commission.
Edited by Jonathan Bryce
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