Fiji Time: 12:49 PM on Wednesday 23 August

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 0.62780.6088
JPY 55.347952.3479
GBP 0.38810.3801
EUR 0.42470.4127
NZD 0.69290.6599
AUD 0.63500.6100
USD 0.50140.4844

from

$0.00

Exchange Rate updated on 22nd, August, 2017

Today's Most Read Stories

  1. Wedding inquiry
  2. $50k for dead fisherman's family
  3. Teacher retirement addressed
  4. Missing fisherman found off island
  5. Lured to yaqona farming
  6. A-G raises education concerns
  7. Party aims to be part of the new leadership
  8. Contestants in tears after visit to senior citizens
  9. Land development
  10. Media vital in plastic fight

Top Stories this Week

  1. A farmer becomes King Sunday (20 Aug)
  2. Hope in the darkest hour Thursday (17 Aug)
  3. Rape claim Tuesday (22 Aug)
  4. Fatal Nadi accident Sunday (20 Aug)
  5. Surprise hailstorm Thursday (17 Aug)
  6. Thank you Fiji Monday (21 Aug)
  7. The RFMF Band Thursday (17 Aug)
  8. New rules for schools Friday (18 Aug)
  9. Queen of hearts Sunday (20 Aug)
  10. PC121 tragedy: Part 3 - The trauma lives on Sunday (20 Aug)