The Supreme Court has refused to grant orders to a Nadi man who petitioned the court seeking leave to appeal an almost 14-year rape sentence.
Convicted of raping his partner’s 16-year-old daughter in 2018, the man was jailed for 13 years, 11 months and two weeks by the High Court in Lautoka.
The trial judge had overturned a unanimous not guilty verdict by three assessors, finding the survivor’s evidence had been credible during a trial where the accused did not take the stand and the defence did not call any witness.
While serving his sentence, the 47-year-old then appealed the conviction in the Court of Appeal in 2023, but was unsuccessful in his attempt.
Subsequently, the man filed a petition before Supreme Court and the case was heard by Justices Salesi Temo, Anthony Gates and Madam Lowell Goddard.
However, this was denied with the court ruling that their test of a substantial and grave injustice had occurred in the petitioner’s case was not met.
“While there is justification for criticism of his legal representation at trial, the reality is that he received a favourable verdict from assessors and the defence denial was difficult to overcome in the absence of his giving evidence, given the credibility of the complainant,” the court judgement stated.
“There is no complaint by the petitioner that he had wanted to give evidence at his trial and was persuaded otherwise by his defence counsel.”
“As already found, the threshold test in Section 7 (2) Supreme Court Act 1998 has not been met.”
