By JOSHUA ARLO
The National Court in Waigani yesterday acquitted a man accused of four counts of rape because the State had failed to establish a prima facie case against him.
The court found that Stanford Bob Niggints, 39, had no case to answer after the State failed to establish a prima facie case against him due to lack of sufficient evidence.
The court found that evidence and credibility of State witnesses lacked weight to sustain the charges against him.
The State alleged that between Dec 1, 2005 and April last year Nikints sexually penetrated his victim twice at Gerehu and twice at 9-Mile, Port Moresby.
The State alleged that Nikints at all times had sex with the victim without her consent.
The victim was 16 years old when the first alleged rape took place at her relative’s home at Reinbow, Gerehu, on Dec 1, 2005.
The accused denied the charges and a trial took place where the State called three witnesses, who were cross-examined by the accused’s counsel.
The victim gave evidence to the effect that she was engaged in the alleged acts without her consent and that she was threatened by the accused from revealing the alleged rapes.
The other was a medical doctor who gave evidence that as a result of the alleged acts against the victim, she had developed a mental condition that made her mentally retarded.
He gave evidence that this alleged acts caused the victim to lose her memory and rendering her incapable of understanding the essential nature of the act at the time of the alleged offenses.
However, the doctor told the court that his examination was not conclusive.
Niggint’s counsel, Brian Lakalit, argued that the victim had consented to having a sexual relationship with the accused.
Mr Lakalit submitted that since the doctor’s medical examination was not conclusive evidence, it was not safe for the court to convict the accused.
Justice Mogish said evidence suggested that there was no consent given by the victim as there was evidence that she was being threatened.
However, he upheld the submission of Mr Lakalit that since the doctor’s medical evidence was not conclusive.
He said although it seemed the victim suffered from retardedness, the court observed her abnormality, it did not render the victim incapable of understanding the alleged offense.
He upheld the no-case submission by Mr Lakalit and discharged the accused from indictment.