Fiji Court of Appeal Judge, Justice Chandana Prematilaka has ordered that the appeal affidavit of former Fiji 7s rep, Amenoni Nasilasila be sent to his trial lawyers so that they are able to respond to the criticisms levelled against them by Nasilasila.
Nasilasila was convicted of one count of rape and was sentenced to 8 years imprisonment in October last year.
Nasilasila’s lawyer Mosese Naivalu informed the court today that he had emailed the trial lawyers of Nasilasila and they had denied the criticisms and had said that there was a not guilty opinion by the assessors.
Naivalu says that they failed to tender as evidence Facebook messages between Nasilasila and the victim.
The former Fiji 7s player has also appealed by saying that the judge erred in law and in fact in overturning the unanimous not guilty decisions of the assessors and failing to consider that the facts of the case and the evidence given by each of the witnesses clearly indicated that the complaint by the woman was highly likely to be falsely made.
His appeal also includes that the Judge misdirected himself when he stated that since Nasilasila had not given the evidence there is no evidence from him to contradict the account of the complainant.
Nasilasila says the Judge erred in law and in fact in overruling the unanimous not guilty verdict of the assessors and did not give cogent reasons as to why he overruled the unanimous not guilty opinion of the three assessors in light of the whole of the evidence presented in the trial.
The case has been adjourned to the 3rd of November.
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