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By ELIZABETH VUVU
TWO brothers from Buka in Bougainville, aged in their early 20s, were
recently acquitted of rape charges after a National Court judge
concluded that the complainant’s evidence was not credible.
During recent National Court sittings in Buka, Justice David Cannings
when giving the verdict for Lahis and Riama Molmol, said the victim was
an unreliable witness as she gave inconsistent evidence and her demeanor
in the witness box was not of someone who was telling the truth.
The court heard that the two brothers, from Lemanmanu village, Buka
island, were charged with aggravated rape of the 20-year old woman (the
complainant) at Lemanmanu on Jan 9, 2004.
On the night of Jan 8, 2004, the two co-accused were at a dance at
Lemanmanu.
It was heard that at around 3am the next morning, they took the
complainant with them and forced her to drink homebrew.
One of their accomplices told her that someone was waiting for her at
the gate so she went outside where they led her to a dark area and took
turns in raping her.
Justice Cannings said the State relied on the oral testimony of the
complainant and a police investigator and seven others,
He said the complainant did not give straight answers to simple
questions about what time she arrived at the dance, whether she was
sober or drunk, what happened when she left the dance and in particular
whether she was forced to go with the men or whether she followed them.
“The medical evidence was not consistent with rape and she bore none of
the telltale signs of rape such as bruises and cuts,” Justice Cannings
said.
“There was no sign of forced penetration and also she did not go to the
health centre until four days after the incident.”
 
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