Man fronts court for rape

A79-year-old man who allegedly raped a 13-year-old student was remanded by the Labasa Magistrate’s Court yesterday pending bail ruling. He appeared before Magistrate Bimsara Jagodage.

The Seaqaqa man was charged with one count of indecent assault and one count of rape. He was represented by lawyer, John Prasad of John Prasad lawyers.

Police Prosecutor Constable Ashwin Sami objected to bail on the grounds that the charges were serious in nature and that there was high tension in the community.

The court questioned the investigating officer on this issue who only stated that the victim had relocated.

Despite Mr Prasad questioning how the prosecution came to the conclusion of tension being high in the community, the investigating officer failed to answer. Mr Prasad argued that there was no evidence of tension as the victim was living far away from the accused and the incident happened two weeks ago towards the end of April and no incidents had taken place during this time. Constable Sami said the victim was living at the accused’s house when the incident happened and informed the court that they were not related.

Considering the safety of the accused, Constable Sami requested Magistrate Jagodage if he could be kept in remand and the case be transferred to the High Court as it was serious in nature.

Mr Prasad defended saying that the primary consideration for bail had to be displaced first by prosecution as required by the Bail Act.

He further submitted that his client did not have any previous conviction and had no pending matters before the court and hence the presumption of bail was in his clients favour.

He also informed the court that the elderly person had health related problems such as diabetes and high blood pressure. Magistrate Jagodage adjourned the case for bail ruling today and further remanded the accused at the Labasa Police Station.