Rape Accused Cleared After Three Years

The 65-year-old who is a painter was alleged to have raped a 13-year-old girl in Ba between September 1, 2015, and October 14, 2015.

Sunday 24 March 2019 | 02:12

From left: Zafar Iqbal Khan, Mohammed Rafiq, Mohammed Rafiq’s wife (third from left) and Sabrina Iqbal Khan (right). Photo: Nicolette Chambers

From left: Zafar Iqbal Khan, Mohammed Rafiq, Mohammed Rafiq’s wife (third from left) and Sabrina Iqbal Khan (right). Photo: Nicolette Chambers

Mohammed Rafiq has spent the past three years a tormented man accused of raping a woman who earlier named someone else as the perpetrator.

Yesterday, High Court judge Justice Sunil Sharma accepted a submission from the Office of the Director of Public Prosecutions for a nolle prosequi and intention not to continue the proceedings against Mr Rafiq.

As such, it meant Mr Rafiq was free to go.

The 65-year-old who is a painter was alleged to have raped a 13-year-old girl in Ba between September 1, 2015, and October 14, 2015.

During the victim’s interview she alleged that another person had committed the offence.

The complainant later went on to change her statement and alleged it was Mr Rafiq who committed the offence.

The defence team then brought before the court the inconsistency, doubt and concern that was raised through the double accusations.

The defence team, Sabrina Iqbal Khan and brother Zafar Iqbal Khan, had on previous occasions during the trial alerted the court that the complainant’s initial complaint and disclosures had not been given to them despite many requests.

The ODPP made a submission that it did not wish to proceed and this was accepted by Justice Sharma, who told Mr Rafiq – “you are now a free man”.

Mr Rafiq said: “For three years I have been tormented and accused of a crime I did not do.

“Today I have justice and I am free and thank Iqbal Khan and Associates for believing in me and taking the fight to the end.”

Edited by Epineri Vula

Feedback: nicolette.chambers@fijisun.com.fj