Man acquitted on grounds of miscarriage of justice

A 34-year-old Nausori man who was serving a sentence of 12 years for rape and indecent assault has been acquitted by the Fiji Court of Appeal, following a substantial miscarriage of justice in the High Court trial.

The allegations against the appellant was that he raped and indecently assaulted his neighbour on February 13, 2016 when the complainant’s mother was at the appellant’s house to help with the appellant’s sister’s engagement preparations.

Mr Singh also argued that the conviction was unsafe and unsatisfactory having regard to the entire sum of the evidence at trial. The panel of Judges, Justice Wasantha Bandara, Justice Chandana Prematilaka and Justice Thushara Rajasinghe, in their judgment said the complainant had not provided any explanation for the inconsistent nature of statements she made to her teacher, the doctor and her friend.

The Judges found that the learned trial Judge had not adequately considered the impact of certain inconsistencies found between the evidence of the complainant and the mother of the complainant.

The panel said accordingly, it was their considered opinion that if all the issues discussed pertaining to the inconsistencies, were taken into proper consideration, together with all other evidence adduced during the course of the hearing, the verdict would have been favourable to the appellant.

The Judges said they were satisfied that a substantial miscarriage of justice had occurred and therefore set aside the conviction and the sentence entered against the appellant in the High Court. The complainant had told her friend in school who advised her to alert the teacher. She did this and a report was lodged.

In 2017, the High Court Judge found the appellant guilty for rape and indecent and sentenced him to 12 years imprisonment with a non-parole period of 10 years.

The appellant filed an appeal through his lawyer Abhay Singh. Mr Singh was granted leave to appeal on multiple grounds some which were that the learned trial Judge erred in law when he failed to properly direct himself or the assessors on effect of the contradictions in the prosecution witnesses’ testimony and what weight to be given to it.

The orders of the court:

• The appeal is allowed against conviction;

• The conviction for the offence of rape and indecent assault is quashed;

• Judgment and verdict of acquittal is hereby entered and the appellant is acquitted.

ASHNA KUMAR

ashna.kumar@fijisun.