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Man denies charge

Shalveen Chand
Tuesday, February 25, 2014

THE element of sexual intercourse would not be challenged by a man charged with rape, the High Court in Suva was told yesterday.

Mubarak Hussein has denied a charge of rape.

The case was called yesterday to check for pretrial matters such as agreed facts and the number of witnesses.

The prosecution told the court it would rely on the direct evidence of the complainant, circumstantial evidence and an alleged confession.

The court was told the prosecution would present seven witnesses and that trial would last about a week.

The defence told the court it was not denying the element of sexual intercourse but that their argument would be based on the issues of force and consent.

The court was informed the victim had allegedly invited the accused into the house for sex.

It heard that apart from a paragraph in the proposed agreed facts, the defence agreed on other matters.

The defence also made an application for bail, saying the accused had been remanded for eight months.

Justice Temo said bail would only be given if circumstances had changed.

Justice Temo set a trial date for June and set the next mention date for May this year.





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