The fourth prosecution witness refused to give evidence in the rape trial of the Leader of Jezreel Lion of Judah, Jone Cokanauto however presiding judge, Justice Salesi Temo stressed that she has to give evidence under the law.
The woman took the witness stand and was asked if she recalls being a member of the Jezreel Lion of Judah group. She stayed quiet for some time and later asked if she could exercise her right to remain silent.
Justice Temo told her that the right to remain silent is only for accused persons, not witnesses.
She then said that she recalls being a member of the group and attending a prayer meeting at a friend’s house.
The woman then told the High Court that Cokanauto is her husband’s uncle and she feels that she will be betraying her husband by going against him. She also claims that she was traumatised when she gave the statement or evidence to police.
She says she has also forgotten about the alleged incident.
Justice Salesi Temo explained to her that under the law, she has been summoned and she has to give evidence in court.
State prosecutor, Meli Vosawale highlighted that the woman had approached the DPP’s Office to withdraw her complaint but the DPP made the decision to call her as a witness.
Justice Temo then asked the woman if her husband had said anything in regards to giving evidence in the case.
The woman says even though he has not said anything, she feels like he will resent her thereafter.
Justice Temo also asked her what she meant by traumatised when giving her statement to Police.
She said that she was at the CID headquarters for more than 8 hours, she was tired and scared and was threatened to give evidence.
When Justice Temo asked her what she means by threatened, she told the court that she was told that she could become a hostile witness if she does not give evidence. She says she had forgotten about the alleged events that they were referring to.
She also says that she had given an account of the events however the Police officers would go out and come back with other information and ask her.
Justice Temo told her that it is the job of the Police to ask questions and she was subjected to normal Police interrogation.
He then asked her what were her qualifications.
The woman said that she had a BA degree.
Justice Temo told her that acquiring a degree takes a lot of thinking and she could not have just forgotten about the alleged incident.
He said that he has the power under the law to remand her in custody until she gives evidence.
Justice Temo said that he has encountered this before and he has locked up witnesses until they agree to give evidence.
He said if her husband loves her and is a law abiding citizen, he will leave the court proceedings to the court.
The woman has agreed to give evidence in court this morning.
Cokanauto has pleaded not guilty to five counts of rape, four counts of indecent assault and one count of attempted rape before Justice Salesi Temo.
It is alleged that he committed the offences in Nasinu and Taveuni between 2005 and 2012.
The trial will continue in the Suva High Court.
