10 grounds of appeal in Nasilasila rape case

Former Fiji 7s player Amenoni Nasilasila who was convicted of a count of rape last year, is appealing his conviction on ten grounds.

Nasilasila appeared before Fiji Court of Appeal Judge Justice Chandana Prematilaka.

In his grounds of appeal, Nasilasila is 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 the Judge misdirected himself when he stated that since Nasilasila had not given evidence there is no evidence from him to contradict the account of the complainant.

Nasilasila’s is appealing on the grounds that the Judge erred in law and in fact in not directing himself when finding that the evidence of the complainant was credible when he failed to consider that there were several inconsistencies in her evidence in court, compared to the information that she gave to police and that which she gave to the medical doctor.

According to Nasilasila’s grounds of appeal, the Judge erred in law and in fact not taking into serious consideration the medical evidence which was not conclusive and as such the benefit of doubt ought to be given to Nasilasila and failure to do so caused substantial miscarriage of justice.

In his appeal, 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 former Fiji 7s player’s appeal says the Judge erred in law and and in fact in not adequately directing himself that the prosecution evidence before the Court proved beyond reasonable doubts that there were serious doubt in the prosecution case and as such the benefit of doubt ought to have been given to Nasilasila.

In his appeal, Nasilasila the Judge erred in law and in fact in commenting on the evidence raising a new theory on the facts, uncanvassed during the course of the trial whereby the defence has had no opportunity of commenting upon it.

Nasilasila’s grounds of appeal also includes the Judge erred in law and in fact in not directing himself to refer any possible defence on evidence in his summing up and as such by his failure there was a substantial miscarriage of justice.

It also states the Appellant reserves the right to appeal such further and other Grounds as the Appellant may be advised upon the receipt of the Court Record.

Nasilasila is also filing for bail pending his appeal.

DPP and defense have been given time to file written submissions.

Nasilasila was sentenced to 8 years imprisonment for raping a 24-year-old woman in Sigatoka on the 22nd of December in 2018.

The case will be called on the 15th of September for mention.