THE High Court in Suva was told that an alleged rape victim would have delivered her baby by now and the trial could proceed.
Justice Janaka Bandara told the lawyers that the trial date for Talemo Bola's case had been set for September this year.
But the court was informed by the State prosecution that the counsel responsible for the case was in a conference and her instruction was to check for a mention date.
Justice Bandara said the trial was fixed and the case was called to check if the complainant in the case had delivered her child. He said the court was informed in November last year that the complainant was pregnant and travelling was not advisable.
The prosecution said according to the information they had, the woman was due to deliver her child in February.
The defence said they had noted the trial dates and were waiting to get the agreed facts from the prosecution.
Mr Bola's bail was extended, and he was also warned about his attire to court.
He wore three-quarter shorts and a round neck T-shirt. He was told to wear long pants or sulu when he attended his court case.