A former police officer has been acquitted of rape and two other sexual charges after the High Court found that while the complainant was a truthful witness, she has been let down by the events on the morning of the incident and let down by the investigation where important evidence has not been produced because it was not collected and/or not tendered at trial.
The man faced one count of rape, one count of sexual assault, and one count of indecent assault, all allegedly occurring on 26 May 2024 at Valelevu Police single men’s barracks.
While delivering the judgement, High Court Judge Justice Dane Tuiqereqere found that victim had been raped while she was asleep but said the critical issue was whether the prosecution had proven beyond reasonable doubt that the former officer was the offender.
Justice Tuiqereqere noted that neither the victim nor her husband saw the face of the man who assaulted her, as the offender fled through a window when discovered.
He said the only direct evidence linking the man to the offence was alleged admissions made to the victim and her husband shortly after the incident.
The judge said the prosecution failed to call other police officers who were present, noting that while the complainant alleged the man made admissions in front of the officers, the prosecution could have called the other police officers that were present that morning to corroborate the complainant and her husband but have not done so.
Justice Tuiqereqere also highlighted the absence of forensic and physical evidence, stating that what also is not produced by the prosecution is the forensic evidence, if any, and that clothing allegedly found at the scene, including pants and boxers, has not been produced, despite being described as potentially important evidence.
The Judge says while both witnesses testified that former officer apologised and said he thought the victim was his wife, he found there was a real possibility their recollection of events may not have been reliable, given the passage of time, alcohol consumption, lack of sleep, and the traumatic nature of the incident.
The former police officer has acquitted on the charges of rape, sexual assault and indecent assault.
