Father of 7 spared jail
A father-of-seven convicted of sexually assaulting his wife while their children were asleep in the same room in 2023, received a 17-month sentence suspended for three years. The 37-year-old mechanical engineer was sentenced by Justice Usaia Ratuvili at the High Court in Suva yesterday. According to court transcripts, the man drank kava at a gathering and later drank some beer on the night of September 26, 2023, before deciding to visit his estranged wife and children around 2am. His 34-year-old wife awoke to the smell of alcohol and despite her protests he proceeded to commit the act. She urged him to stop for fear of waking the children, but he claimed he had the right to behave as he did. When the children stirred due to the disturbance, he yelled at them to go back to sleep. He was charged with two counts of sexual assault and one of rape, but he was acquitted of one count each of sexual assault and rape. “Your subsequent actions indicate that you have taken responsibility for your wrongful actions and are being accountable,” Justice Ratuvili said while passing sentence. “You continued to support your family throughout the trial, and you are abiding by the (DVRO) issued in this case. From the circumstances of the case, Justice Ratuvili found the man has reconciled with his wife, resuming responsibility for maintaining the family. “You have also spent time in remand, and you have tasted life behind bars; therefore, I trust that you have used that time to reconsider your life choices and the consequences of the same.”
Court convicts man for rape of Year 8 niece
A married man accused of raping, and sexually assaulting his Year 8 niece on several occasions while she was sleeping, has been convicted by the High Court in Suva. The court was told that the victim had moved in with the man’s family to complete her education in 2020. According to the victim, the man was good, but she was sometimes scared of the way he spoke to her. One morning in mid 2023, the victim had to close the bathroom window after she caught the man looking at her while she was bathing. While she was sleeping later in the evening, the man inappropriately touched her. Several days later, the man inappropriately touched her again. She did not scream for help or try pushing the man away due to fear and did not tell the man’s wife because she thought the wife would not believe her. The man was charged with four counts of rape, but Justice Dane Tuiqereqere found the man not guilty of one count of rape because of insufficient evidence to support the allegation. He has, however, been found guilty on one count of rape and two counts of sexual assault. “I am sure the (victim’s) evidence correctly sets out what happened to her, I have no doubt in my mind that she told the truth,” stated Justice Tuiqereqere. The case has been adjourned to September 19 for a sentencing hearing.
Court suspends thieves’ one year prison sentence
Two men convicted of stealing tools worth more than $4000 were handed 12-month jail sentences suspended for two years . David Etika, 21, and Penisoni Naupoto, 19, and another, broke into the home of Nicolas Goundar in July this year and stole a variety of tools. All stolen items were recovered. While passing sentence, Justice Dane Tuiqereqere said Etika claimed responsibility for the thefts and sought to downplay or minimise Naupoto’s role. “While it is commendable that you seek to take responsibility, I do not accept that Mr Naupoto is any less responsible,” Justice Tuiqereqere ruled on September 9. “It was his choice to participate in the offending.” Etika had stolen the items because he felt Mr Goundar had not paid his brother properly for work previously done. Both men expressed remorse and were also first offenders. Mr Goundar forgave them, given they both understood the impact of their actions on him.
