THE High Court has acquitted a man of two counts of rape involving his wife, but sentenced him to 21 months in jail for one count of domestic violence.
The defendant stood trial more than a week ago during the High Court Circuit in Gizo, Western Province. The High Court circuit continued last week.
During the trial, the prosecution called two witnesses, including the complainant – the wife.
At the end of the prosecution’s case, the defence made a No-Case to answer submission, but the court ruled that the defendant had a case to answer and was therefore required to make his defence.
The defendant then took the dock statement in which he explained his part but said he didn’t rape her and that it was consensual.
During the trial, the complainant revealed that she gave her statement to the police out of anger, and that she later went to police to withdraw the initial complaint.
However, the case was not withdrawn and went through trial, resulting in the acquittal of the defendant of the two counts of rape.
The complainant changed her story in court, telling court she agreed to the sexual acts towards her by her husband.
The prosecution then sought leave to declare the complainant as an unfavorable witness by invoking section 162, of the Evidence Act, which the court granted.
The complainant was then cross-examined over the statement she gave to police. The court heard that the prosecution only took her through some paragraphs of the statement and not its entirety.
High Court judge Ronald Bei Talasasa, in his verdict, stated that although the prosecution correctly followed the path to prove its case, it had fallen short in certain aspects.
Judge Talasasa Jr said he was not satisfied that the statement of the complainant has been adopted by the complainant as her true statement or that the complainant was cross-examined fully in this respect.
He said particularly when a witness redacted from her/his story to police, the prosecution has an option to tender the statement after cross examining the witness but they failed to do so.
Judge Talasasa Jr said the prosecution only referred the complainant to certain parts of the statements about the allegations of non-consensual sexual intercourse, and did not verify the complainant’s entire statement to police, her signature, and the warning or the caution given by police at the end of the statement.
He said nor did the prosecution ask the complainant to confirm the truth of her entire statement.
With that, Judge Talasasa said he was not satisfied that the case of rape against the defendant has been made out, and therefore acquitted him of the rape charges.
He, however, found overwhelming evidence in relation to the Domestic Violence charge.
Judge Talasasa said the complainant testified to that, and even the defendant in his dock statement also testified to it.
The defendant and the complainant were in a de-facto relationship since 2014 and have three children together.
On 29 August 2024, while holding a long bush knife, the defendant threatened the complainant that he would kill her until he was satisfied that his wife was not seeing other men as he thought.
This occurred after an argument broke out between them. The defendant became angry with the complainant and felt paranoid that she was disloyal to him.
Their relationship was marred by domestic violence and there had been a history of police involvement.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
