A MAN on trial for allegedly raping a woman inside a parked car beside the fence near the Sir Kausimae Building at Panatina area, East Honiara in 2021 has been acquitted of the charge.
Jarret Sialo was found not guilty after a trial and was acquitted of one count of rape.
This was after Judge Leonard Maina found no evidence to support Silao’s act.
“The evidences of the complainant raise doubts in my mind,” Judge Maina said.
“With the evidences now before me, I am not satisfied and the prosecution has not proved its case beyond reasonable doubt.”
He then acquitted Sialo and ordered that he be released from custody immediately.
The complainant had accused Sialo of having sex with her without her consent inside a car parked beside the fence at the Sir Kausimae Building on 18th October 2021.
The court heard that on 15th October 2021, Sialo picked the complainant, who was on her way home from work, at Point Cruz in a Caldina car.
During the ride, Sialo told her his name and told her that he is a doctor at the National Referral Hospital. Sialo asked her for her mobile number and she gave it to him before dropping her off at Kwaimani building.
A few days later on 10th October 2021, Sialo called the complainant, picked her again and was supposed to drop her off at Kukum SDA bus stop.
Instead, Sialo allegedly drove past Kukum SDA bus stop and stopped at the roadside opposite Panatina Plaza.
It was there that he allegedly raped the victim. He later dropped her off at Kukum SDA bus stop.
The court heard that Sialo had also asked for the complainant’s mobile phone and made a demand to her before he returned the phone or else he would report their relationship to her husband.
Having heard the case, Judge Maina said Sialo did not deny having sex with the complainant and both counsels agreed that there was no violence or force used by Sialo.
He said the relationship between the complainant and Sialo started on 15 October 2021, when Sialo invited the complainant to a car and she went in the car.
“She dropped off from the car at the SDA bus stop and gave her phone number to the accused.
“On 18 October 2021, the accused rang the complainant and picked her up at the SPOL area.
“They drove on easterly direction until the car pulled over beside the fence of the Kausimae Building opposite Panatina Plaza,” Judge Maina said.
Justice Maina said the scenario with the sexual intercourse or what had happened in the car as stated by the complainant in her oral evidence has “uncertainty or ambiguity in them”.
“The evidence has uncertainty or ambiguity in them and with the manner of sexual intercourse in the car,” he said.
Judge Maina said according the complainant’s evidence if there was no consent as alleged then there should be, at least elements of violence, or force but there was none.
“The only closest evidence is when the complainant stated the accused was stronger than her and he had sexual intercourse with her,” he said.
He questioned that if the accused was stronger, then what act or force did he use to her?
He said there was also no evidence to support that the accused was stronger than her.
Judge Maina said when the complainant was giving evidence she was not settled and tried to recall or put in the context although she is a mature person.
He said she tried to relate her evidence or story to what she opted to be than telling what occurred and the moment of sexual intercourse in the car.
“To prove the rape charge, the Crown must provide the evidences and proof the case beyond reasonable doubts,” Judge Maina said.
Bobby Harunari of Public Solicitor’s Office represented Sialo whilst Public Prosecutor Jonathan Auga appeared for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
