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Man Appeals Retrial Decision In Supreme Court

Man Appeals Retrial Decision In Supreme Court
July 04
10:43 2018

A man who was acquitted of rape in 2014 and was ordered to undergo a retrial by the Fiji Court of Appeal on March 8, 2018, will appeal the decision in the Supreme Court of Fiji.

The appellant was discharged of one count of rape where he was alleged to have had carnal knowledge of the complainant on December 26, 2012.

The evidence revealed that the complainant had started drinking rum with a few others at her sister-in-law’s place in Nausori on December 25, 2012 before they moved to Raiwaqa to continue drinking beer.

After their drinking session in Raiwaqa, the complainant with others caught a taxi to Suva City at around 11pm and entered the Ritz Nightclub where they drank more beer.

After the nightclub closed, the complainant and her boyfriend started walking to another nightclub some distance away.

While passing the Flea Market at around 4am, a security officer (appellant) stopped them and called them in.

The complainant and her boyfriend climbed the gate and entered the premises and the appellant gave them a carton to sit on before he went somewhere else.

The complainant and her boyfriend then engaged in consensual sex, after which they got dressed and her boyfriend went to buy something.

While waiting for her boyfriend, the appellant came and sat beside the complainant. He suggested to her that they have sex, however the complainant refused.

The appellant then pushed her on the ground, undressed her before removing his pants and had sex with her despite her refusal.

According to the complainant, she never consented to the act of sexual intercourse.

State lawyer, Shirley Tivao, said yesterday that the appellant had filed his petition for leave to appeal in the Supreme Court on April 13, 2018, and they were awaiting the outcome.

Ms Tivao suggested to Justice Thushara Rajasinghe that they await the Supreme Court’s decision before proceeding with the retrial in the High Court.

Legal Aid Commission lawyer, Lisiate Qetaki, appeared for the appellant.

The case has been adjourned to November 28, 2018, for mention.

Edited by Percy Kean

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