A man charged with two counts of rape, one count of attempted rape and one count of sexual assault has been acquitted after the High Court in Suva ruled there was no case for him to answer.
Justice Waleen George’s ruling followed the prosecutions closing its case after the complainant disappeared before completing her examination-in-chief.
The complainant first gave evidence on April 16, 2026, but the trial was adjourned several times because she was allegedly unwell. When proceedings resumed on June 5, the prosecution informed the court that although she had attended its office the previous day and had been reminded of the hearing, her whereabouts were unknown.
Defence then made a no-case-to-answer submission, arguing the prosecution had failed to establish a prima facie case because the complainant’s evidence had not been completed and the defence had been denied the opportunity to cross-examine her.
In her ruling, Justice George held that the complainant’s incomplete evidence did not establish the essential elements of the offences charged, saying that a prima facie case did not exist against the man.
The State has 30 days to appeal the decision.
