Nine guilty of rape, as­sault

Fiji Sun - - Fiji Today -

and the De­fence, he ac­cepted the Pros­e­cu­tion’s ver­sion with­out a shred of doubt.

Jus­tice Aluthge said the ev­i­dence of the de­fence was highly un­re­li­able and was not proved in any way. He said there was ev­i­dence with­out a doubt that Soko and Boila were taken to the hillside and sub­jected to tor­ture for the pur­pose of in­ter­ro­ga­tion. Jus­tice Aluthge said Soko had told one of the doc­tors that chill­ies were rubbed in his pri­vate parts and noted that both Soko and Boila were anally pen­e­trated.

Boila in his ev­i­dence also said that chill­ies were rubbed on his en­tire body and pri­vate part. The same thing was done to Soko. Jus­tice Aluthge high­lighted a term ‘sili

boro’, which an ac­cused had used to de­fine the act of rub­bing chill­ies. He said this was a “com­mon prac­tice used by the Po­lice in Fiji” for in­ter­ro­ga­tion pur­poses. More­over, he said Boila gave ev­i­dence that a stick was put in­side his pri­vate parts and also in Soko’s from which they suf­fered in­juries. “From what some of the eye wit­nesses and ac­cused had told in the ev­i­dence, I am sure Boila told the truth al­though he turned a hos­tile wit­ness,” Judge Aluthge said.

“There­fore I ac­cept that part of Boila’s ev­i­dence and con­clude that both the vic­tims, Boila and Soko, were raped and sex­u­ally as­saulted at Malevu Hillside.”

Jus­tice Aluthge said the Pros­e­cu­tion re­lied on two prin­ci­ples to ac­ti­vate crim­i­nal li­a­bil­ity, com­plex­ity and com­mon pur­poses. He said fur­ther­more, the Pros­e­cu­tion said that all ac­cused per­sons were part of joint en­ter­prise with com­mon de­sire to take Boila and Soko to Malevu hillside to sub­ject them to tor­ture for the pur­pose of in­ter­ro­ga­tion. He said they ei­ther agreed on the sex­ual as­sault of the vic­tim or knew so that rape and sex­ual as­sault were the prob­a­ble con­se­quences of their joint en­ter­prise. He said each ac­cused must be re­spon­si­ble. Jus­tice Aluthge an­a­lysed ev­i­dence against each ac­cused per­son.

He said the of­fi­cers aided and abet­ted the crime. He said they did not stop the crime from hap­pen­ing be­ing law­men and se­nior of­fi­cers but en­cour­aged its com­mis­sion.

Jus­tice Aluthge stated the Pros­e­cu­tion also said all the ac­cused had ac­tu­ally as­sisted in this plan or did noth­ing to do to stop the crime. As Po­lice of­fi­cers they had a duty to main­tain the law, he said.

He stated the De­fence filed that the ev­i­dence filed by the Pros­e­cu­tion was highly un­re­li­able and there was no ev­i­dence that the ac­cused per­sons were at the scene at the time of the in­ci­dent. But Jus­tice Aluthge said the ev­i­dence of the Pros­e­cu­tion was highly re­li­able. He also anaylsed the ev­i­dences against Talala and Vereivalu for de­feat­ing the course of jus­tice.

Jus­tice Aluthge also stated that some of them gave ev­i­dence in fear of their se­nior of­fi­cers or loy­alty to them while some wit­nesses had the courage to tell the truth. The mit­i­ga­tion and sub­mis­sion for sen­tenc­ing will be filed on Novem­ber 16 and the sen­tenc­ing will be on Novem­ber 18. Edited by Naisa Koroi

JY­OTI PRAT­I­BHA Man­ag­ing Ed­i­tor News M: (679) 9982077 Email: jy­otip@fi­jisun.com.fj

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