THE complainant was the first one to get into the pool .
This was revealed by 30-year-old military officer, Rajiv Krishan Padyachi, who is being trialed at the High Court in Suva for allegedly trying to murder the 37-year-old complainant by drowning her at Colo-i-Suva on September 15 last year.
While giving evidence in court today, Mr Padyachi told court that on the morning of September 15, he had been out for his training from 6am at Suva Point in Nasese.
He said after he had finished his training, he had plans to go to Colo-i-Suva for swimming.
He then told court that he had received several missed calls from the complainant and when she had called him again, he had informed her that he was on his way to Colo-i-Suva.
He said the complainant then asked him to pick her-up on the way to Colo-i-Suva from MH Super Fresh.
He told court that he had picked her up at around 7.45am and they reached Colo-i-Suva about 8am.
He then told court that when both of them reached the pool, they talked about the relationship they have.
He said the complainant knew very well that he was already in another relationship with his fiancée.
When questioned by defence lawyer Gavin O’Driscoll that if the complainant knew he was in a relationship, then why did she go with him – Mr Padyachi answered the complainant was like a close friend to him and she had asked him to take her with him to Colo-i-Suva.
He told court that he could not continue having a physical relationship with her.
However, when questioned by Mr O’Driscoll if he had any physical relationship with the complainant from November 2017 to September 15, last year, Mr Padyachi said not really.
He said he did not have any physical relationship with her, however, it was her who always wanted to have it.
Mr Padyachi told court that both he and the complainant were sitting side by side on the steps near to the pool and were having conversations as to how cold the water may be and should they swim or not.
He said at that point of time, the complainant was holding his left hand and standing on his left side.
He said then he then pushed the complainant towards the water for her to take the lead before he followed her.
He said since they were standing very close to the water, it was a just a light push. He also told court that both of them had previously swam at the same spot.
He told court that when he had pushed her into the water, she had had looked back at him, and then he had asked her to swim to the side as he wanted to jump into the water as well.
He said when he got inside the water, he had swam across the other side of the pool and then turned around to sit on the rocks on the side of the pool bank.
He said at this point, the complainant was close to the middle of the pool and when he had turned back to look at her, it seemed to him that she was trying to swim towards him.
He said he was facing her and she had had shouted for help.
The accused is in remand.
The trial continues tomorrow.
