BY JENNIFER KUSAPA
A former police officer has been convicted yesterday of one count of indecent assault and one count of consuming liquor in a vehicle.
The former officer will be sentenced during her next court appearance.
Principal Magistrate Augustine Aulanga passed sentence against Lily Dagi who was charged for offences in Lata in 2018.
She had earlier denied the charges and a trial was conducted on her case.
The crime occurred between 1st of September 2018 and 31st of October 2018, after a graduation ceremony of Luasalemba Secondary School, the victim is a public officer.
The victim and others including the defendant were sitting outside the house of a man located some distance away from the Luasalemba School in Temotu Province.
While they were outside, the victim, who has been drinking since the previous day, felt asleep and lied down on the ground.
Not long, others who were present with the defendant left the area, leaving the victim, the defendant and two others alone.
While the victim was sleeping facing upwards, the defendant moved over to him, pulled up her skirt and sat on top of his groin or genital area.
She then deliberately moved her buttock in sexual motion while she was on top of him.
This, according to the prosecution’s view, was done without the consent of the victim and amounted to an offence of indecent act.
Magistrate Aulanga in his judgment said the evidence established the defendant had performed the immoral act on the victim (who was asleep) without his consent.
The fact that it was done without his consent means subjected to a crime, herein, the crime of indecent act.
The absence of procuring his consent means the conduct exerted was capable of producing harm (whether mental or emotional injury) on the victim as a result of infringing or violating his fundamental rights as a person.
The fact that the indecent act was performed on him without his consent is what matters for the prosecution of the case.
Therefore, after assessing the evidence the court has satisfied beyond reasonable doubt and convict Ms Dagi of the offence.
Regarding the consumption of liquor in a vehicle, Magistrate Aulanga also convicted Ms Dagi.
Aulanga said based on the witnesses’ evidence in court during the trial he is satisfied that the defendant was drinking alcohol in the motor vehicle the material time.
“The prosecution has therefore proved this element beyond reasonable doubt and so, is the finding of the court reached herein”, Aulanga said.
He also made orders that Ms Dagi’s bail is extended pending sentence on the next court appearance.
