Rape accused acquitted after judge finds significant inconsistencies in evidence

A man charged with the alleged sexual assault and rape of a Virgin Australia flight attendant has been acquitted by the High Court in Lautoka.

The High Court in Lautoka acquitted 25-year-old Ilaisa Tanoa Degei of rape and sexual assault charges after finding significant inconsistencies in the complainant's evidence.

Justice Sunil Sharma delivered the ruling today, finding Degei not guilty on both charges arising from allegations involving a Virgin Australia cabin crew member following New Year's Eve celebrations at a nightclub in Martintar, Nadi, on December 31, 2024.

The State was represented by John Vaurasi and Laisiasa Baleilevuka, while Alifereti Waqavakatoga appeared for the defence.

In his judgment, Justice Sharma said it would be unsafe to convict Degei on the complainant's testimony, finding her evidence unreliable and insufficient to prove the charges beyond reasonable doubt.

The judge identified inconsistencies between the complainant's initial police statement and a subsequent statement, as well as contradictions that emerged during cross-examination.

He also considered evidence from the taxi driver and the medical examiner, both called by the prosecution.

According to the judgment, the taxi driver's testimony did not support the complainant's account of what allegedly occurred inside the vehicle. The driver told the court he observed no improper conduct and said the complainant and Degei were seated normally with space between them. He also testified that he stopped the vehicle immediately when asked to do so.

Justice Sharma found the medical evidence inconclusive and noted it did not independently corroborate the allegations. The court heard there were no significant physical findings, including teeth marks or substantial bruising.

The judgment also addressed a mild bruise on the complainant's nipple. The defence argued there was no evidence linking the injury to the alleged assault.

Justice Sharma further questioned the delay in the complainant's subsequent police statement, rejecting the explanation provided for the delay.

He found the complainant's account of events inside the taxi neither probable nor believable when assessed against the totality of the evidence presented.

The judge reiterated that the burden of proof remained with the prosecution throughout the trial and that the court's role was to determine whether the charges had been proven beyond reasonable doubt.

The defence had submitted that the complainant's evidence was inconsistent and that the prosecution had failed to establish the allegations to the required standard.

Justice Sharma found Degei's denial to be credible and said it had not been undermined during cross-examination.

In acquitting Degei, the judge said the complainant's evidence raised more questions than answers and left reasonable doubt as to the accused's guilt.

Degei was released following the judgment.