Suva High Court Judge Justice Riyaz Hamza will sum up the case of the 29 year old man who is alleged to have raped his nephew, on Monday.
Both counsels made their closing submissions yesterday.
Prosecutor Mehzabeen Khan told the three assessors that they have proven their case beyond reasonable doubt.
She says the victim was consistent in giving evidence in court and it matched with what he told his uncle.
Khan says that he was not discredited during cross examination.
Defence lawyer Lisiate Qetaki told the assessors that the prosecution never confirmed the identity of the accused if he was the one alleged to have committed the crime.
Qetaki says how can they say that he is the man when the identity has not been proven.
Assistant DPP Dato’ Shyamala Alagendra strongly objected to the closing submission of the defence saying that it was misleading.
Alagendra says it was agreed that the victim and the accused were related and that this is a case of recognition and not dock identification.
She told Justice Hamza of a case where the Supreme Court of Fiji had ruled in a case that dock identification was unreliable.
Qetaki says that it was the state’s duty to prove their case and they did not prove identity.
