Fiji Time: 4:15 PM on Sunday 1 May

Fiji Times Logo

/ Front page / News

Court acquits 4 of charges

Shalveen Chand
Wednesday, March 19, 2014

FOUR men charged with gang-raping a woman four years ago were acquitted by the High Court in Suva last week.

Justice Janaka Bandara overturned the unanimous guilty opinion of the assessors and acquitted Vilikesa Ramaqa, Niko Qaqara, Moritikei Nayavagaki and Moritikei Naicobocobo. The first two accused were charged with rape while the third and fourth were charged with aiding and abetting rape.

It was alleged the third accused Mr Nayavagaki chatted up the complainant for sex.

She agreed but didn't know three others were waiting for her.

Justice Bandara said in his ruling the court concluded that the prosecution did not prove beyond reasonable doubt that the sexual intercourse of the first and the second accused with the complainant took place without her consent.

"The prosecution evidence itself creates a reasonable doubt over the issue of 'consent' of the complainant to have sexual intercourse with the first and second accused," he said.

"This court declines to accept the narration of the complainant that she did not consent to have sexual intercourse with the two accused as it seriously questions her credibility."

Justice Bandara said the contradictions in the complainant's statements went to the root of the prosecution case.

"Things get worse when taking her subsequent conduct into consideration.

"She had gone home after all these forceful sexual encounters, had a bath, dinner and then to the bed. According to prosecution witness Ms Laisa, the complainant did like what took place on the previous night. "

It is in this context, one has to assess her behaviour during the alleged 'forceful sexual activities', not raising alarms and no efforts to run."








Fiji Times Front Page Thumbnail

Kaila Front Page ThumbnailFiji Times & Kaila Frontpage PDF Downloads

Use the free Acrobat Reader to view.

Westpac
Code Inward TTs Outward TTs
CAD 0.61350.5945
JPY 53.471650.4716
GBP 0.33380.3258
EUR 0.43020.4182
NZD 0.70870.6757
CAD 0.61210.5931
JPY 54.771751.7717

from

$0.00

Exchange Rate updated on 28th April 2016

Today's Most Read Stories

  1. Fiji not a 'hot bed'
  2. Sawani girls deny Jasper's dream
  3. Reds again
  4. Kava price doubles as supply drops
  5. Drivers fighting for lives
  6. Help arrives from abroad for Ba residents
  7. 'Inaccurate' reports
  8. Boy, 14, hit by bus
  9. Boat in tow back to Suva
  10. Youths rake in income

Top Stories this Week

  1. Horror crash relived Wednesday (27 Apr)
  2. Shoeshine boy makes it big Monday (25 Apr)
  3. Horrific crash kills 1 Monday (25 Apr)
  4. Teacher fears for safety Tuesday (26 Apr)
  5. Overstay Monday (25 Apr)
  6. Father farewells son Wednesday (27 Apr)
  7. Try night fasting, doctor urges Monday (25 Apr)
  8. 'Ridiculous change' Tuesday (26 Apr)
  9. 7s eligibility Wednesday (27 Apr)
  10. Mother seeks help Wednesday (27 Apr)