A 74-year-old man who raped and indecently assaulted two of his biological daugh­ters over a span of 31 years was yes­terday jailed for life without parole by the High Court in Suva.

Justice Daniel Goundar in his rul­ing strongly reprimanded the man, who is wheelchair bound, saying “Prison life will have some impact on you because of your disability, but physical disability is not an ex­cuse to reduce your sentence.”

He said the case was one of the worst to be presented in Fiji’s court history, calling the accused “a de­mon in human form.”

The sentencing comes after the landmark ruling by the Supreme Court last week, increasing the tariff for child rape offences in Fiji from 11 to 20 years imprisonment, compared to the previous 10 to 16-year term in the past.

The Office of the Director of Public Prosecution lawyers led the prosecution (from left), Lavenia Bogitini, Assistant DPP Dato
Shaymala Alagendra, and Juleen Fatiaki outside the High Court in Suva on December 14, 2018. Photo: Ashna Kumar

The case: First Victim

The accused had raped his daugh­ter from the age of 10 years and im­pregnated her at the age of 14.

The child, who was born out of the rape, was also raped by the accused when she turned 10.

The accused started his sexual campaign in 1982 when the first vic­tim was 10-years-old and he was 38.

He had raped her on various occa­sions inside their home and in the sugarcane field in the Western Di­vision.

In 1986, the accused impregnated his biological daughter when she was 14.

After she gave birth, she was later married and lived a happy life with her family.

Justice Goundar, in his sentenc­ing, also highlighted that the ac­cused continued to rape her even when she was married and preg­nant with her husband’s child in 1992.

Second Victim

For the second victim, the accused started the sexual campaign in 1997 till 2013.

The victim, who is the man’s bio­logical daughter and granddaugh­ter was 10-years-old when he start­ed his sexual campaign.

The last incident occurred when the victim was 23-years-old and the accused was 69.

Conviction and ruling

The 74-year-old man was convict­ed for seven counts of rape and two counts of indecent assault.

Justice Goundar said for the two victims, the demons were real in the form of their own father.

“You preyed on your biological daughters when they were minors.

“Your conduct is unspeakable and your crime is undisputed. The vic­tims were traumatised and felt sui­cidal.

“Your daughter gave birth to a child when she herself was a child. Your wife knew about the incidents but kept quiet as you had the au­thority and control over your fam­ily,” Justice Goundar said.

He said the case represented a very disturbing behaviour by a fa­ther to his children.

While sentencing, Justice Gound­ar said that old age was not a miti­gating factor especially in sexual offences.

“Your age is not exceptional to grant you mercy. Old age is not a li­cence to commit an offence.”

Justice Goundar had issued a per­manent domestic violence restrain­ing order with a non-molestation and no contact with the victims order.

The judge did not impose any non-parole period as he sentenced the man to life imprisonment for each count of rape and five years for each count of indecent assault.

Edited by Caroline Ratucadra

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