BY MELVILLE TITIULU
The Magistrate Court has started hearing into the case involving a man accused of ‘persistent’ sexual abuse of a child aged 6.
The accused who cannot be named to protect the identity of the victim – was charged with one count of persistent sexual abuse of a child contrary to section 142 (2), 136F (1) (a) (b) and 138 (1) (a) (b) of the penal code as amended by Penal Code (Amendment) Sexual Offences Act, 2016.
The maximum penalty for the offence of ‘persistent sexual abuse of child’ is life imprisonment.
Principal Magistrate Felix Hollison presided over the matter when it came for plea yesterday.
The accused was in attendance in court yesterday. He pleaded guilty to the charge when arraigned.
Prosecution alleged that the defendant, on six separate occasions between January 1, 2018 and January 17, 2026, had engaged in acts that constitute persistent sexual abuse. Specifically, having sexual intercourse without the child’s consent on five occasions.
Court heard that on the sixth occasion, having been in a position of trust, the defendant committed an indecent act on the child by touching her breast, without her consent.
As the Principal Magistrate put it: “in any event, the girl [victim] is too young to have given consent”.
The matter will be 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 that of persistent sexual abuse of a 6-year-old child.
The defendant is also facing two separate counts of charges namely house breaking and criminal trespass.
The house breaking charge is in relation to breaking into a bottle shop and stealing. The defendant pleaded ‘not guilty’ to that charge yesterday.
In addition, the accused is yet to be arraigned for possible plea of whether or not he pleaded guilty to the second offence of criminal trespass.
The matter was adjourned to Friday, May 15,at 9.30am for mention and plea.
At the next mention, these matters will be given case separation (different criminal case numbers).
The court extended a Remand of Warrant for the defendant.
Grace Chow is acting on instructions from Steward Tonowane and Amanda Mono, and she representS the Office of the Director of Public Prosecutions (ODDP).
The defendant was represented by Wendy Poia, and she represents the Public Solicitor’s Office (PSO).
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