Defence challenges sexual assault allegations against accused

The defence has challenged the credibility of a former Virgin Australia flight attendant who alleges she was raped and sexually assaulted, telling the High Court in Lautoka that her account differed between two statements and that she was heavily intoxicated on the night in question.

Ilaisa Tanoa Degei, 25, is charged with one count each of rape and sexual assault arising from an incident allegedly involving the former cabin crew member following New Year celebrations in Nadi.

Degei is represented by lawyer Alifereti Waqavakatoga, while the State is represented by Laisiasa Baleilevuka.

The trial began yesterday before Justice Sunil Sharma.

The complainant was the first witness and was questioned by the State before being cross-examined by the defence.

In her evidence, she said she had celebrated New Year with three other crew members and a Tanoa International Hotel staff member.

The group first had cocktails at the hotel before going to Bar One nightclub in Martintar, where they continued drinking and dancing.

She told the court she met Degei outside the nightclub after it closed at about 1am.

The complainant said Degei repeatedly insisted on taking her back to the hotel. She said she agreed because she was intoxicated, tired and had lost contact with the other crew members.

She alleged that a sexual assault occurred inside the taxi while they were travelling to the hotel.

The court heard that when the taxi reached the hotel signboard, Degei stopped the vehicle and the complainant attempted to get out. She alleged that Degei followed her.

She said an argument followed before police arrived and took her to the station, where she provided a statement.

During cross-examination, Mr Waqavakatoga focused on what he said were significant differences between the complainant’s first and second statements.

He put to her that her first account alleged the taxi driver had assaulted her and pulled her hair, while her later statement gave a different account of what had happened.

“You can't remember that well because you were too drunk. There is a significant difference between the two statements,” Mr Waqavakatoga said.

The defence also put Degei's version of events to the complainant.

According to the accused's account, the complainant approached him and asked him to take her home, which he agreed to do.

The defence said that when they reached the hotel signboard, Degei asked both of them to get out of the taxi because security might not allow him through the hotel entrance.

Mr Waqavakatoga said Degei then went nearby to relieve himself while the complainant remained seated because she was heavily intoxicated.

He said police arrived shortly afterwards and Degei was arrested.

“I suggest to you that my client did not sexually assault you,” Mr Waqavakatoga told the complainant.

The trial continues today.