BY MELVILLE TITIULU
The Magistrate court yesterday referred the matter involving a 25-year-old man accused of raping a young victim, to be heard at the High Court for trial after considering all relevant evidence.
On Wednesday, March 25, a short preliminary hearing was conducted at the Central Magistrate Court, where the Prosecuting counsel from the Director of Public Prosecutions presented to the Principal Magistrate, Joyceth Paile, a deposition (relevant evidence) in relation to the charge.
The relevant evidence included; the charge sheet – both the initial and amended charge, a statement from the victim, list of exhibits (evidence) which contained police records of interviews, and a medical pathology report of the victim.
On Thursday, March 26, the Principal Magistrate told the defendant that she had considered the sufficiency of evidence in his case and was satisfied that the ‘statement of the victim’ in itself warrants the matter to be referred to the High Court for trial.
The defendant who cannot be named to protect the identity of the victim, had pleaded not guilty to the amended charge of rape.
Without explaining the specifics of the current case, rape is a serious sexual offence which carries a maximum penalty of life imprisonment. Thus, the matter was referred to the High Court for trial proper as it is the Court of unlimited Jurisdiction, where it has powers to deal with serious sexual offences like rape, which carries a maximum penalty of life imprisonment.
The defendant was ordered to attend the High Court on Friday, April 24, at 9.30am, for him to stand trial.
In the meantime, bail was extended for the defendant.
The victim was represented by the Office of the Director of Public Prosecutions and Defence Private Lawyer, Richard Sanga, from SS & Partners Law Practice, represented the defendant.
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