A man who was sentenced to nine years imprisonment for rape in July this year has been released by the Labasa High Court this morning.

While overturning the Magistrate Court’s decision upon appeal by the man, Judge Justice Paul Madigan said the appeal against conviction succeeds and the conviction is quashed.  

The man is to be released and is discharged.

Judge Madigan said there was no medical report produced in evidence that would corroborate the evidence of the complainant.

In his ruling, Judge Madigan said several inconsistencies casting doubt on the veracity of the complainant and at least two written errors on the evidence from the Magistrate leads the Court to believe that the conviction is unsafe.

Counsel for the appellant said grounds of appeal relate in the main to the credibility of witnesses and that a delay between the hearing of prosecution evidence and delivery of judgment made it virtually impossible to assess the credibility of the witnesses from their demeanor.


Story by: Ronal Deo