The High Court has allowed the victim in a rape case to testify via Skype from the US.
The accused, who is charged with four counts of rape, had objected to the complainant giving evidence via Skype, claiming it would be unfair to his trial and that he wouldn’t be able to cross-examine her.
“In the circumstances of this case, the infirmities in the mode of taking evidence via Skype in my opinion do not significantly affect the right to a fair trial of the accused,” said Justice Aruna Aluthge in his ruling in Lautoka.
“The taking of the evidence of the complainant is so significant that its admission is not outweighed by the danger of prejudice to the accused.
“I agree that Skype is an inferior method of receiving evidence in terms of the court’s ability to properly observe the demeanour and reactions of witnesses.
“However, I have found in the past that the facial expressions of the witness could more closely be observed when the camera is directly focused on the witness.
“The demeanour is an important tool used to test the credibility and sincerity of a witness. Therefore, no significant prejudice will be caused to the accused.”
