4 life terms for rapist
A father of four convicted for raping and impregnating his 15-year-old special needs step granddaughter has been sentenced to four life terms in prison. The 54-year-old Tailevu man was sentenced yesterday after pleading guilty to four representative counts of rape, each carrying a life sentence, and two counts of sexual assault, earning him 10 years for each count. The sentences will be served concurrently. Court records showed the victim not only suffered sexual violations but was also subjected to punching, beatings with a stick, forced disrobing, and was continuously threatened with death if she disclosed the sexual crimes committed by the man. In the High Court in Suva, Justice Daniel Goundar ruled the man was aware of the victim’s additional needs and exploited them for his own gratification. “You preyed upon your granddaughter for your own sexual gratification, using violence and threats to enforce her silence, with consequences that are irrevocable,” he said. He said the victim, now a mother, has suffered an irretrievable loss of childhood and well-being as a direct result of the man’s actions. The judge said no sentence short of the statutory maximum would adequately reflect the seriousness, the consequences, and ongoing risk, nor the dual mandates of denunciation and deterrence, given this case is in the “most severe category of cases known to this jurisdiction”. A non-parole period is set to 18 years, with his release subject to the decision of the President, upon recommendation of the Mercy Commission. “This sentence is necessary to reflect society’s denunciation of such heinous offences to deter others who might contemplate similar crimes, and to provide protection for vulnerable members of the community.”
Judge rejects application
Former fisheries minister Kalaveti Ravu and the ministry’s regional northern manager, Tekata Toaisi’s application to put the High Court’s order on hold pending an appeal to the Appellate Court has been refused. At the High Court in Suva yesterday, Justice Daniel Goundar refused the application due to a lack of jurisdiction Earlier this month, Justice Goundar allowed the State’s appeal against the acquittal of the men at a no-case-to-answer stage and remitted the case to the Magistrate’s Court. The men, who are represented respectively by Suva lawyers Tevita Vakalalabure and Jioji Cakau respectively, sought a stay of that judgment pending an appeal to the Court of Appeal. In his ruling, Justice Goundar stated that such an application must be made directly to the Appellate Court. “Given the authorities cited by the parties and the absence of any express statutory provision conferring residual power upon the High Court to grant such relief after delivery of its appellate judgment, the court is prohibited from entertaining or granting the application. “This approach prevents mismatches of function and promotes certainty and finality in appellate procedure.”
