A 27 year old man who was ordered by High Court Judge Justice Gerard Winter to be remanded in custody escaped from the Suva court house this morning.

Yassin Ali who was earlier acquitted by Suva Magistrate Ajmal Gulab Khan on rape charges was convicted of defiling a 13 year old girl by Justice Winter who ordered that he be remanded for sentencing next Friday.

However, soon afterwards, Ali left the court room and police officers failed to take him into custody and are now searching for him.

The state had appealed against the acquittal and in his ruling today, Judge Winter said that the Magistrate failed to address the issue of consent as the girl was only 13 years old.

Justice Winter stressed that consent for sex is given by a woman who knows the consequences and makes an informed decision and a 13 year old child is not in a position to give such a consent.

He also highlighted that women who give in out of fear, under duress or threat or a child who is abused by an adult without fighting back does not mean they have consented to such acts.

Justice Winter quashed the acquittal and found Ali guilty of defilement. The court heard that Ali spent the day with the victim before taking her to Pender Court. The girl later alleged that she was raped to try and conceal the incident. Ali is expected to be sentenced once he is apprehended.