Judge questions sexual charges

The State lawyer in a case of a man charged with two counts of sexual assault and one count of rape was yesterday requested to re-look at the two charges of sexual assault and to clearly outline the act performed during the time of offence.

High Court judge Justice Riyaz Hamza told Director of Public Prosecutions lawyer Unaisi Tamanikaiyaroi that he was concerned about the first two counts of sexual assault as it did not outline the act the accused did to the victim.

Justice Hamza said if it was anything to do with the private part of a female it could be deemed as rape.

“I need you to be clear with what was the act on the first two counts, the third count is fine. I’m concerned because it doesn’t say the act that was committed, penetrating the vulva itself is rape,” Justice Hamza said.

The accused person’s lawyer, Filimoni Vosarogo, agreed with the judge and asked that the summary of facts be amended.

Ms Tamanikaiyaroi was asked to reconsider the charges of sexual assault and to check the particulars of the offence.

The matter has been adjourned to April 9 and bail for the accused was extended. Trial is set from June 4 to June 8.

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