NATION

Uncle Denies Raping Nephew

An uncle accused of committing an unnatural offence and raping his nephew has pleaded not guilty to all five charges against him. Due to the nature of the case and
23 Jan 2019 11:00
Uncle Denies Raping Nephew

An uncle accused of committing an unnatural offence and raping his nephew has pleaded not guilty to all five charges against him.

Due to the nature of the case and confiden­tiality of information to protect the com­plainant, the trial is set to continue behind closed doors in the High Court in Suva.

For count one of the unnatural offence, the uncle (accused), performed a sexual act on the complainant at Colo-i-Suva between February 1, 2007 and January 31, 2010.

For count two of rape, the accused, be­tween February 1, 2010 and January 19, 2014 at Colo-i-Suva allegedly performed a sexual act on a child under the age of 13 years.

For count three of assault with the intent to commit rape, between January 20, 2014 and January 31, 2014, at Colo-i-Suva, the uncle allegedly assaulted the complainant with the intent to commit rape.

For count four of rape, between Janu­ary 20, 2014 and January 31, 2014, at Colo-i-Suva, the accused allegedly performed a sexual act on a child under the age of 13.

For the fifth count, between February 1, 2010 and January 19, 2014, the accused al­legedly performed a sexual act on a child under the age of 13.

Justice Riyaz Hamza mentioned in court yesterday that during the trial, lawyers in­cluding him, would not wear their wigs and black gowns.

Also, the complainant would not stand in the witness box, but arrangements would be made for the complainant to stand out­side of the witness box.

State prosecutor Mehzabeen Nisha Khan, read the opening address in court yester­day saying that the complaint’s trust was betrayed in the house he was raised in by his very own family member.

The state prosecution will present three witnesses and a document of the birth cer­tificate of the complainant, in evidence of the case to prove the complainant was a minor.

Mr Khan said the alleged act was against the act of nature; by law a person under the age of 13 cannot give consent to sex.

He said the complainant is a special school student, who has trouble concentrating and is slow when it comes to learning and has low intelligence.

He also said the alleged sexual act took place more than once.

The accused was represented by Lisiate Qetaki and Lavenia David from the Legal Aid Commission.

The closed court trial is set to continue in the High Court

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