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Regina v Kaia [2013] SBHC 173; HCSI-CRC 105 of 2013 (1 October 2013)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 105 of 2013

REGINA

–V-

ELLISON KAIA

Date of Hearing : 1 October 2013
Date of Judgment : 1 October 2013

Mr. Dhita for the crown
Ms Fineanganofo for the Defendant

JUDGMENT

1. Elison Kaia is the accused in this case. He comes from Ahusui Village at Marau on Guadalcanal. He is charge with one count of rape. It is alleged that he raped Ellen on an unknown date between 1st and 31st March 2013. He pleaded not guilty to the charge on arraignment.
   
2. Ellen is the first witness for the crown. She gave her evidence under oath. Her evidence is that on unknown date between 1 and 31 March 2012 the Accused took her to a place behind her house. The accused was drunk at the time. He laid her to the ground and had sexual intercourse with her. The accused ejaculated outsider her vagina. She went on to say she had given her consent for the accused to have sexual intercourse with her. She enjoyed it.
   
3. The crown sought adjournment after Ellen had given evidence. The case was adjourned to 1.30pm on the say day. When the hearing recommenced, the Prosecutor conceded that there was no evidence of rape and closed his case.
   
4. It is apparent that there is no evidence that the Accused raped the victim. There is only evidence that the Accused have sexual intercourse with the victim with her consent. In the circumstances, the Accused must be acquitted of rape. He is accordingly acquitted of rape as charged in the information.
   
5. The Accused paid a cash bail of $1,500.00 on 28 June 2013. It is to remitted to accused forthwith. Order accordingly.
   

THE COURT