ODPP Files Nolle Prosequi In Rape Case
The court heard that the ODDP filed the nolle prosequi pursuant to Section 49 of the Criminal Procedure Act 2009 stating it did not intend to continue with the proceedings against the accused.
Wednesday 19 July 2023 | 12:24
Lautoka lawyer Salvin Nand with Divya Nair outside the High Court on July 18. Photo: Salote Qalubau
A 20-year-old man initially charged with one count of rape, one count of sexual assault and one count of indecent assault walked out of the High Court in Lautoka on Tuesday a free man after the Acting Director of Public Prosecutions David Toganivalu filed a nolle prosequi.
The accused was charged with the alleged rape of his biological sister who was 16 years old at the time the offence allegedly took place at Lautoka in May.
High Court Judge, Justice Riyaz Hamza presided over the matter and the accused was represented by Divya Nair of S Nand Lawyers while the state was represented by Taitusi Tuenuku.
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The court heard that the ODDP filed the nolle prosequi pursuant to Section 49 of the Criminal Procedure Act 2009 stating it did not intend to continue with the proceedings against the accused.
Justice Hamza dismissed the charges against the accused accordingly.
Story by: salote.qalubau@fijisun.com.fj