THE father who earlier entered guilty pleas to incest charges and another of attempted rape is likely to be charged with rape soon.
This was after the court found evidence of rape charges in the summary of agreed facts and from the Victim Impact Statement from the accused’s daughters.
Justice Stephen Pallaras upon this finding vacated the father’s guilty plea to the three counts of incest and one of attempted rape.
He then invited the prosecution to file fresh charges which are likely to be of rape.
Justice Pallaras told the father that the problem that rose was that the evidence from the summary of agreed facts and from the Victim Impact Statement do not match the charges to which he pleaded guilty.
“They establish not only the crime of incest but the crime of rape,” Justice Pallaras said.
“You pleaded guilty to three counts of incest when in my judgment and as agreed by both the prosecution and the defence in the summary of agreed facts, the charges should be that of rape.”
Mitigation and sentencing submissions on this case was already done and the father is only awaiting his sentence.
However, due to the findings of rape offences in the summary of agreed facts and that of the Victim Impact Statement from the accused’s two daughters, the matter was called upon yesterday to discuss the next approach to take on this case.
“What I am going to do is an unusual course which will delay your case.
“What I propose is to vacate your pleas of guilty to the charges of incest and invite the prosecution filing fresh information.”
He said if a trial is proceed, at least the father would be standing trial for charges according to the Summary of Facts and the Victim Impact Statement.
Justice Pallaras gave time for the father to see his lawyer to talk about what pleas he would enter on the new charges.
The father of six admitted having sexual intercourse with his 17-year-old daughter and tried to rape on his 14-year-old daughter.
The offences occurred last year and this year in Isabel Province.
The court heard he threatened his daughter when she refused and continued to have sex with her.
Most of the incident occurred when the victim’s mother was away in Honiara.
Justice Pallaras yesterday said according to the agreed summary of facts, the 17-yeqar-old victim was threatened by her father with a stick if she refused to have sexual intercourse with his father.
He said in the second incident, there was no specific threat but according to the Victim Impact Statement the victim said she feared her father.
“Someone who complies under threats is not voluntary.”
He said a person who has sex in that situation is raping.
Justice Pallaras further added according to the medical examination in relation to the accused’s 14-year-old daughter that he tried to rape, the doctor stated the hymen was not intact and there was evidence of penetration.
He said there was a scar of which the doctor stated an injury caused by a sharp object.
Whitlam Togamae of Whitlam K Togamae Lawyers represents the father, while prosecutor Nelson Dhita appeared for the state.
By ASSUMPTA BUCHANAN