NATION

Assessors Find Rape Accused Not Guilty, Judge To Deliver Judgment Today

Three High Court assessors yesterday found a 32-year-old man not guilty for three counts of rape, assault with intent to commit rape and act with intent to cause grievous harm.
22 Jun 2018 10:53
Assessors Find Rape Accused Not Guilty, Judge To Deliver Judgment Today

Three High Court assessors yesterday found a 32-year-old man not guilty for three counts of rape, assault with intent to commit rape and act with intent to cause grievous harm.

The accused is alleged to have committed the offences on a 19-year-old girl on November 20, 2016, inside an abandoned house at the corner of Amy Street and Brewster Street in Toorak.

Justice Thushara Rajasinghe will deliver his judgment today.

While summing up the case to the assessors yesterday afternoon, Justice Rajasinghe told them to make a decision based solely on the evidence presented in court.

He told them to exclude any information they heard outside of the court room to ensure that there was no external influence in their deliberation.

He said the burden of proof was on the Prosecution because the accused was innocent until proven guilty.

The Court heard that the accused allegedly grabbed the complainant from behind while she was walking home on the evening of the alleged incident and dragged her to an abandoned house nearby.

During the cause of the altercation the accused allegedly punched the complainant several times and strangled her while demanding for her to be quiet.

The Court heard that after a while the complainant grew tired and the accused stopped strangling her.

The accused allegedly tied her hands and assaulted her sexually. The complainant testified that she felt pain and she struggled to release herself.

When she did she attempted to hide herself from the accused.

Justice Rajasinghe said the accused allegedly left the scene after hitting the complainant repeatedly with a piece of timber.

She went home afterwards and was admitted at the Colonial War Memorial Hospital for a few days during which she had three medical examinations.

An Identification parade consisting of 10 people was conducted and the complainant identified the accused as the perpetrator.

The defence maintained throughout that the accused did not commit the offence and that it was somebody else.

Justice Rajasinghe also stated that the Deoxyribonucleic acid (DNA) report revealed that the DNA profile of the complainant and an unidentified male were found on items that were uplifted from the crime scene and sent for testing.

The accused’s DNA profile was not found on the items including the T-shirt that was allegedly used to tie up the complainant and that she wore afterwards.

The accused is represented by Nilesh Lajendra while State lawyer Kimberly Semisi appeared for the Prosecution.

The accused is currently on bail.

Edited by Jonathan Bryce

Feedback: fonua.talei@fijisun.com.fj



Laybuy it 5squares


Get updates from the Fiji Sun, handpicked and delivered to your inbox.


By entering your email address you're giving us permission to send you news and offers. You can opt-out at any time.


Covid 19 - SPC
Total
Subscribe-to-Newspaper
Fiji Sun Instagram
Subscribe-to-Newspaper