CHIEF Magistrate Usaia Ratuvili yesterday ruled against the no-case-to-answer application by lawyer Kalisito Maisamoa on behalf of his client who faces 11 counts of gross indecency.
In his ruling, Mr Ratuvili said the accused person had a case to answer and informed him of his rights on remaining silent or giving evidence.
The accused person, who was employed as a bursar in a Kadavu secondary school, took the stand yesterday.
The man told the court the dates given by the first witness during the hearing was during Cyclone Thomas and that he was part of the DISMAC team stationed in the provincial administrators office.
He said on February 1, 2010, and March 31 of the same year, he was part of the 6am to 6pm shift and was not in his house as the first witness stated.
The man said on May 14, 2010, he was in Suva because this was during the school holidays and the school was empty.
He said the second witness lied when he said he was with the accused on the said date in the accused person's home on the island.
"I was in Suva, this was during the first term school break," he said.
"I returned just in time for the second term to start.
"I was preparing the school's food supply, stationery and other items on the list the principal had given me."
The man said a date mentioned by one of the witnesses that he had had sex with the witness was actually the day he was taken in by the police for questioning.
He said he was remanded at Korovou Prison for six weeks, and during this time a witness claimed the accused person had forced him to have sex.
The trial continues today.