Father of six walks away free

Athirty-seven year old man was acquitted of rape yesterday morning after the Suva High Court found inconsistencies in the evidence given against him.

The father of six maintained his innocence throughout trial claiming that he did not rape or assault his wife.

He was acquitted of both charges.

Speaking to the media after his acquittal, the man said he was happy the case was over because it had affected his relationship with his children.

He later revealed that he had reconciled with his wife. In his judgment, Judge Justice Thusara Rajasinghe said prosecution had failed to prove the case beyond reasonable doubt.

He said there were apparent inconsistencies found in the complainant’s first and second Police statements and the manner in which she claimed to have been assaulted.

He stated that he also took into account the delay it took for the complainant to report the matter to Police.

“I took into account the delay for reporting this matter and the fact that she did not want to report the matter and was influenced by her brother to report it to the police,” Justice Rajasinghe said.

On the charge of assault causing actual body harm he said it was unclear whether the accused had allegedly assaulted the victim on her stomach or her right rib. He said it was also unclear whether the complainant was allegedly assaulted before or after the husband and wife had sexual intercourse. “In view of the above mentioned reasonable doubts I do not accept the evidence. Accordingly I acquit you from the charges,” he said.

Justice Rajasinghe said the prosecution failed to prove their case beyond reasonable doubt which gave him no reason not to disagree with the three assessors’ not guilty verdict.