Assessors give not guilty opinion
High Court judge to deliver Nasilasila verdict today
AMENONI Nasilasila is not guilty, say the three assessors in the former Fiji 7s star’s rape case.
After more than one hour of deliberations behind closed doors, the assessors returned with a unanimous not guilty opinion.
In his summing up at the High Court in Lautoka yesterday, judge Justice Daniel Goundar told the assessors they were free to form their own opinions, however, the final decision on the facts would rest with him.
The facts of the offence read out in court yesterday highlighted that the complainant, who was the first state witness, was born in Fiji but moved to the US with her parents when she was seven years old.
She first met Nasilasila in 2017 in the US when he was part of the Fiji 7s rugby team and they had been in contact via social media.
In July 2018, the 24-year-old flight attendant came to Fiji to visit her relatives and was scheduled to return on the eve of December 22.
On the same day, she was at home in Sigatoka with her aunt when Nasilasila turned up at the place she was staying with two other boys.
The complainant stated that she did not know the two others and she had a conversation with the accused on the front porch and could smell alcohol on him.
Her aunt came out of the house and she introduced the accused (Nasilasila) to her.
Her aunt was excited and took photos with the accused.
A few minutes later, her aunt left for town with the two boys to buy souvenirs for the complainant to take to the US.
The complainant said her aunt was comfortable with her staying back with the accused as she knew him as a rugby player.
They remained on the front porch and she later went to the bedroom to check on her mobile phone which was charging as she was expecting her parents to check on her because she was leaving later that night.
She said as she was walking out of the first bedroom, the accused allegedly held her and pushed her down on the mattress in the second bedroom.
She said she was able to grab her underwear and ran to the back bathroom and tried to close the door and lock it but before she could do that, the accused allegedly gained entry inside.
She told the court she allegedly fought back and at the same time she was scared because he was intoxicated and she had felt weak and he allegedly continued with the sexual act despite her plea not to. She said she had then asked for a towel but the accused just left.
The complainant said she was scared that people inside the house might come inside the bathroom so she locked herself up until there was no sound coming from the living room before she dressed herself up again and messaged her boyfriend to meet her.
In cross examination, the complainant admitted having a romantic relationship with the accused from 2017 until the beginning of 2018 and also admitted there were some earlier arrangement to meet the accused with her brother but didn’t know he would turn up unexpectedly.
She agreed she had a little sore from allegedly falling off the bathroom and also agreed she had accompanied Isake Katonibau to the police station and cried with the accused and his mother at the Sigatoka Police Station and informed them she was going ahead with the case.
Justice Goundar also informed the court that Nasilasila admitted having sexual intercourse with the complainant in Sigatoka on December 22, 2018 and his defence was that the act was consensual.
The third and final state witness, Dr Elizabeth Natasha Dass who medically examined the complainant on the night of the alleged incident stated that while there were abrasions, she could not ascertain whether these were a result of consensual or non-consensual sex.
She said she did not find any visible injuries on the body of the complainant.
The defence called one witness, Mr Katonibau, who said he had played with Nasilasila in international tournaments and had been his mentor.
He knew the complainant from his previous international tournaments and denied forcing the complainant to withdraw her police complaint.
Nasilasila faces one count of rape.
Justice Goundar will deliver his judgment at 10am today.