Man acquitted of rape, sexual assault

Perera finds inconsistencies and the improbabilities when taken together create a strong doubt...

Prosecution has failed to prove the two offences against the accused.

A38-year-old man thanked the Lord after being acquitted by the Suva High Court of rape and sexual assault yesterday.

“I thank God that I have been acquitted and I plan to reunite with my family now and strengthen my spiritual life,” he said.

The man was alleged to have raped his 12-year-old niece on April 17, last year. According to the complainant’s evidence in court, she said that she was scared of her uncle and on April 17 when she came out of the toilet, her uncle had allegedly pulled her hand and committed the alleged sexual acts.

She further claimed that she had told her sister the same thing, however when her sister gave evidence in court Justice Vincent Perera said that the sister’s evidence was not consistent with what the victim had told the court.

Justice Perera said: “The inconsistencies and the improbabilities when taken together create a strong doubt in my mind as to whether the complainant had given a true account of what had happened on the day in question. “The accused was not a credible and reliable witness as his version of events was not consistent with what was suggested to the complainant during the cross-examination.

“Considering all the circumstances and the accused’s demeanor and deportment when he gave evidence of his version with regard to the allegation against, he was not credible and reliable. However, an accused cannot be convicted of an offence for the mere reason that his evidence is incredible.

“Prosecution has failed to prove the two offences against the accused.”

The man was represented by defence counsel Lisiate Qetaki.