THE Court of Appeal has granted leave to appeal to a man convicted of raping his 15-year-old daughter, after finding that the trial judge may not have properly considered all the evidence presented during the trial.
The 45-year-old was convicted by the High Court on a count of rape and sentenced in 2024 to 12 years, 11 months, and 23 days imprisonment, with a non-parole period of 10 years, 11 months, and 23 days.
In a ruling delivered late last month, Court of Appeal president Justice Isikeli Mataitoga granted leave for the appeal to proceed after finding the appellant had reasonable prospects of success.
The appeal against conviction was based on two grounds — that the evidence did not support the conviction, and that the trial judge failed to properly consider the delayed reporting of the alleged offence.
Through his lawyer, the man argued that the evidence at trial raised questions about who was responsible for the complainant’s pregnancy.
The Appeals Court noted that the complainant had given evidence that both her father and uncle had sexually assaulted her around the same period.
Justice Mataitoga said the trial judge had only considered the man’s involvement and did not adequately address the evidence relating to the uncle.
The complainant had told the court that the alleged rape by her father occurred in late May 2020, while she had also identified her uncle as another person who had allegedly engaged in sexual activity with her.
On the issue of delayed reporting, the court also found the appeal ground had merit because the victim only reported the alleged rape after the birth of her child, and the circumstances surrounding the delay required further consideration.
“I am satisfied that the failure to make the report of the rape by the complainant until her child is born is a serious failure in terms of the veracity of the evidence she has given in this trial,” he said.
