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Regina v Aitorea [2017] SBHC 114; HCSI-CRC 513 of 2016 (7 March 2017)

REGINA

V

EDDIE BALE AITOREA

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)
Criminal Jurisdiction
Criminal Case No: 513 of 2016

Date of Hearing: 7^th March 2017
Date of Judgment: 7^th March 2017

Mr. Kelesi for the Prosecution
Mr. Ifuto’o for the Accused

JUDGMENT

Mwanesalua DCJ:

The Defendant Eddie Bale Aitorea was charged with one count of rape, contrary to Section 136 (f) of the Penal Code (Amendment) sexual offences Act 2016. It was alleged that he at small Baru at Noro, Western Province, 0n 25^th June 2016, raped a girl, namely Rupi Joycelyn.

The Defendant appeared before this Court on 7^th March 2017. He was arraigned at Gizo and pleaded not guilty to the charge. The prosecution witnesses were ready for the trial outside the Court.

The prosecution opened their case and called their first witness, the complainant, Miss Rupi Joycelyn. Her evidence was that the Defendant had sexual intercourse with her on 25^th June 2016 with her consent. She went on to say that the incident may have been reported to the police by her uncle but not herself.

That claim may have been correct. The reason being that on the date of the offending, the complainant and the Defendant were both residing with her uncle and his wife in his residence.

The uncle saw the complainant and the defendant in the toilet and shower room. He asked his wife to check what they were doing in that room.

I am not satisfied beyond reasonable doubt that the defendant had raped the complainant. He is therefore acquitted. Order accordingly.

THE COURT

Hon. Justice Francis Mwanesalua
Deputy Chief Justice