Not Enough Evidence, Rape Accused Acquitted
A man in Macuata Province charged for raping his 18-year-old cousin was acquitted by Labasa High Court on March 6.
Sunday 10 March 2019 | 15:28
A man in Macuata Province charged for raping his 18-year-old cousin was acquitted by Labasa High Court on March 6.
It was alleged the incident happened in a river near their village on January 14, 2018.
The accused, represented by lawyer Harry Robinson, appeared before Justice Vinsent Perera.
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Justice Perera said only the accused and complainant know what exactly took place when they were in the water.
He added he was not convinced that either the complainant or the accused had given a true account regarding the alleged incident.
The complainant told the court during the trial that she was on her way to church when the accused said he wanted to wet her because of the New Year celebration.
She told him they should go to the tap which is close by but the accused said he wanted to go to the river.
The court heard they went to the river together when the incident happened.
He said being a married man, what the accused may have done to the complainant was morally wrong.
However, he added a criminal charge should be proved beyond reasonable doubt.
Therefore, he concluded that the evidence in this case did not establish the offence of rape and the accused walked out as a free man.
Edited by Susana Tuilau
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