The presiding judge in the rape trial of the Leader of Jezreel Lion of Judah, Jone Cokanauto has today ruled against the defence application where they had asked that the fourth prosecution witness be excused from giving evidence.
The defence counsel used a judgment in a rape trial in the Labasa High Court where the alleged victim of a rape said in court that she did not wish to give evidence as she had forgiven the accused, forgotten about the incident and she was happily married with children.
In that case, the woman was released by the judge from giving evidence without any sanction and the accused was acquitted of all charges.
The prosecution counsel then told Justice Salesi Temo that the case the defence is referring to is under appeal by the DPPs Office.
The prosecution says that the fourth witness has not given valid reasons to be excused.
Justice Temo says the trial must go on and the fourth state witness has to give evidence in the Cokanauto trial.
He will give his written ruling later.
Justice Temo says the accused’s right to fair trial will be exercised when the defence will challenge the witness evidence via cross-examination.
Cokanauto has pleaded not guilty to five counts of rape, four counts of indecent assault and one count of attempted rape.
It is alleged that he committed the offences in Nasinu and Taveuni between 2005 and 2012.
The fourth prosecution witness is currently taking the stand.
