State Lawyers given 2 weeks to get statement

The Suva High Court has given state lawyers two weeks to get a statement from the victim in relation to the case of attempted murder and alleged rape of the class three student two months ago.

This is in relation to the case where twenty one year old Petero Bai is alleged to have raped the class three student who was found unconscious in the school toilet.

Bai is alleged to have punched the victim before sexually assaulting her.

High Court Judge Justice Daniel Goundar this morning asked State lawyer, Paulini Madanavosa as to why there was no statement from the victim as in the last Court sitting earlier this month, the High Court was informed that the State was expected to meet with the victim after her medical examination.

This is after an application by Madanavosa for an adjournment for two weeks saying they needed to check on the status of the victim.

Judge Goundar then asked whether it was the Doctor's orders that no statement from the victim be taken and whether the doctors had given any medical reason for not allowing any statement to be taken.

However, there was no response from the State Prosecutor.

Defense lawyer Barbara Malimali though not objecting to the application for adjournment asked the High Court to take into account the fact that her client has been in isolation and that it was irregular to hear that a man has been charged for a crime while investigations are still underway.

Malimali also added that if the application was to be granted, then this be the last adjournment as bail should be granted to Bai if there are any further delays in the case.
 
Justice Goundar while making a ruling on the application informed Madanavosa that this would be the last adjournment and that by the next hearing a statement from the victim is to be produced in Court.

Judge Goundar also ordered the state to produce doctors in court for cross examination if they did not have a report on the medical condition of the accused.

This is after Malimali raised concerns at the delay of CWM doctors and the state in producing a medical report on her client. Malimali told the High Court that her client had undergone medical examination three times this month and yet no report has been produced in High Court.

The matter has been adjourned until the 2nd of next month where the statement of the victim and the medical report of the accused is expected to be produced in court.