Man’s Sexual Assault Conviction Quashed

A64-year-old man who served seven months at Labasa Corrections Centre was set free after his appeal was allowed by High Court Labasa on Wednesday. He was sentenced to four years and 10 months imprisonment with a non-parole period of four years on June 6 by the Magistrates Court in Labasa.

His lawyer, Reema Raj of Legal Aid Commission filed an appeal because he kept saying that he was not guilty.

He was charged with two counts of sexual assault of his biological one-year-old daughter twice in 2017 (Between February 1 and March 31, then on July 22).

The complainant and the witness in this case was his wife with whom he had two children. The court heard that the witness has three children from different marriages.

During his appeal judgement, Judge Justice Thushara Rajasinghe said the prosecution’s witness reported this incident to the Social Welfare office after the appellant obtained a Domestic Violence Restraining Order against her.

He added that the appellant and the witness were separated and engaged in a battle for the custody of their children when this allegation was reported.

Moreover, the prosecution’s witness had complained to the Police against the appellant, alleging that he had assaulted her.

The witness explained in her evidence that she reported to the

Police about the assault by the appellant before this alleged incident occurred.

The additional evidence adduced before the learned magistrate pursuant to section 257 of the criminal procedure act established that his alleged assault occurred on July 30, 2017.

Judge Justice Rajasinghe said that was eight days after the second alleged incident and a few months after the first incident.

Accordingly, the explanation given by the witness, he questioned why she did not report these incidents to the Police when she reported the incident of the appellant’s assault is not accurate and creates doubt about the veracity of the evidence given by the witness.

He found that the inconsistent nature of the explanation of the incidents given by the witness created reasonable doubt and was satisfied that a substantial miscarriage of justice had occurred.

Hence, he quashed the conviction and set aside the sentence.