THE High Court has acquitted Ilaisa Degei of rape and sexual assault charges after finding the state’s case undermined by fundamental inconsistencies in the complainant’s testimony.
High Court hudge Justice Sunil Sharma delivered the not guilty verdict in Lautoka yesterday, concluding that it would be unsafe to convict Mr Degei on evidence that failed to meet the standard of proof beyond reasonable doubt.
Mr Degei was accused of assaulting a former Virgin Australia cabin crew member between December 31, 2024, and January 1, 2025.
Justice Sharma said the complainant initially provided a police statement on January 1, 2025, following a medical examination which contained vague allegations.
One year and nine months later, on the day of the trial, she provided a second statement that directly contradicted her initial account.
The court rejected the complainant’s assertion that the subsequent statement was merely the result of reflected memory.
Justice Sharma observed that the second statement appeared to be an attempt to fill obvious gaps in her original account.
Justice Sharma ruled that the complainant’s credibility was shattered under cross-examination.
Conversely, Mr Degei’s denial of improper conduct remained unshaken, and key aspects of his account were corroborated by his cousin.
Accepting that the complainant had befriended Mr Degei inside the nightclub, the court found her claims regarding events inside the taxi unreliable.
Justice Sharma said that where reasonable doubt exists, the benefit must be given to the accused.
