[Published on Saturday, March 28, 2026]
BY MELVILLE TITIULU
The Magistrate Court on Friday discharged a man accused of having sexual intercourse with his close family member.
The defendant, who cannot be named to protect the identity of the victim, was charged with one count of incest and pleaded not guilty to that charge.
On Friday, March 27, when the matter came for mention before Principal Magistrate Mrs Emily Zazariko Vagibule Pakoa, prosecuting counsel Ms Tian Tuafae, informed her that she intended to make an application to withdraw the current charge imposed on the defendant.
Prosecution informed the court that the decision to initiate a discharge comes after the Office of the Director of Public Prosecutions (ODPP) reviewed the relevant evidence as contained in the defendant’s case file, and found that there was insufficient evidence to substantiate the charge.
Principal Magistrate Mrs Pakoa further explained to the defendant in court, that the prosecution had made an application to withdraw charges as laid against him due to insufficient evidence and that in the meantime, he can go back to his house.
The defendant was also told that it is subject to the ODPP to reopen his case again if they find sufficient evidence to substantiate the elements of the offence of incest to which he was initially charged with.
Accordingly, the defendant was discharged and released by the officers of the Correctional Service.
Prosecuting counsel, Ms Tian Tuafae represented the ODPP, and Defence counsel, Mr Trevor Tukochi from the Public Solicitors Office (PSO), represented the defendant.
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