Defence questions rape case over recall issue

A rape case before the Lautoka High Court was challenged after the defence raised concerns that the complainant was intoxicated and could not recall the alleged incident.

A man accused of one count of rape appeared before High Court judge Justice Riyaz Hamza in Lautoka today.

He is represented by defence counsel Nimita Sharma, while State counsel Sheenal Swastika appeared for the prosecution.

The court heard that the complainant was 15 years old at the time of the alleged incident and was intoxicated, making it difficult for her to identify the accused.

Sharma told the court there were issues in proceeding with the case because the complainant could not recall the sexual act or the events surrounding it.

Justice Hamza said the complainant would still need to provide some account of the incident in the interest of justice.

The court will rely on the caution interview and the voir dire grounds expected to be filed before the next hearing on April 16.