Judge dismisses appeal, calls it ‘fanciful and frivolous’

A Rakiraki man had his sentence and conviction appeal dismissed on Friday by High Court judge Justice Paul Madigan because it was “fanciful and frivolous”.

The accused was convicted in the Rakiraki Magistrates Court on April 20, 2017 and was sentenced to three years and six months in jail for indecent assault.

The accused had filed his appeal on the grounds that the learned magistrate had failed to properly analyse the evidence of the prosecution witnesses, which led to a miscarriage of justice.

The lawyer representing the accused had submitted that if the evidence was properly evaluated by the magistrate then he would have had no option but to find the accused not guilty.

While deciding on the appeal, Justice Madigan said the grounds submitted were fanciful and frivolous, adding that the lawyer appeared to have ignored the accused’s confession to the Police under caution, which satisfied the court that there was no miscarriage of justice.

Justice Madigan said the actions of the accused on the girl was the most serious of sexual assaults.

He said the sentence was well within the tariff and a fitting punishment for the assault of a five-year-old relative.

The evidence revealed that the victim, who was five years old at the time, told of what “Babu” (mother’s uncle) did to her on the bed in her home. Her mother was in the kitchen while the father was away. She said the accused lifted her sulu (sarong) and performed oral sex on her. The young girl then said she got off the bed and ran to the kitchen where she told her mother and the daughter of the accused about what happened.

Answers in the accused’s caution interview contained detailed admissions of guilt. He chose to remain silent during the trial. A domestic violence restraining order was also imposed.