NEWS

Assessors deliver mixed opinions in rape trial

Two of the three assessors in the Suva High Court yesterday found a 31-year-old man not guilty of allegedly raping his 25-year-old male cousin on July 6, 2014. The accused
26 Jun 2018 13:18
Assessors deliver mixed opinions in rape trial

Two of the three assessors in the Suva High Court yesterday found a 31-year-old man not guilty of allegedly raping his 25-year-old male cousin on July 6, 2014.

The accused is charged with one count of rape where he allegedly raped his cousin inside a washroom while they were drinking alcohol following the wedding reception of one of their cousins.

The accused was 27-years-old at the material time and the complainant was 21-years-old.

In his summing up, Justice Riyaz Hamza said carnal knowledge includes sodomy which is anal sexual intercourse.

The Court heard that the complainant is a registered nurse and in 2014 he was living in Nausori.

On the day of the alleged incident the complainant went to his cousins, who were drinking alcohol, to look for his brother.

However, when he could not find his brother his cousins asked him to drink with them.

The complainant refused at first but after his cousins insisted he decided to sit down with them and drink.

He said the group he was drinking with were all his cousins from his mother’s side.

He testified that he drank less than three bottles of long neck beer and after a while the drinking group moved to a house across the road where the drinking continued.

At the second drinking venue the complainant drank two bottles of beer after which he wanted to go to the toilet.

He said when he was inside he closed the door but did not lock it and after a while the accused followed him inside and pushed his neck against the toilet.

He said when his cousin pushed him he tried to fight him off by pushing him away but at that moment the accused had removed his pants and penetrated the complainant for about 15 to 20 seconds. The complainant testified that he felt scared, hopeless and was in pain. He was also traumatised and embarrassed.

The complainant said he packed his bags and ran away from home to nursing school.

He also testified that he could not remember how he got the bite marks on his neck however he remembered that the accused was the last person inside the washroom.

He confided in his classmates because he wanted to talk to somebody about what allegedly happened. Justice Hamza will deliver his judgment today. The accused’s bail has been extended. He denied the charge throughout trial.

Edited by Ranoba Baoa

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