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State v Senikarawa [2003] FJHC 194; HAC0017X.2002S (20 May 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0017 OF 2002

STATE

-v -

PENIASI SENIKARAWA

Counsel: Mr D. Prasad with Ms L. Chandra for State
Accused in Person

RULING

This witness seeks to give evidence that the complainant told her she had a boyfriend. I see no relevance of that evidence to this case. Previous sexual history (and we do not know if there is previous sexual history here) is of limited relevance in a rape case especially when the accused does not allege consent. This evidence is of neither relevance nor interest and I exclude it. This witness may not give evidence.

Nazhat Shameem
JUDGE

At Suva
20th May 2003