Charged with sexual abuse but freed due to lack of evidence
THE Bomana National Court has acquitted a man on a persistent sexual abuse charge after the State failed to prove that the alleged offence was committed more than once.
Justice Panuel Mogish acquitted Somi Ametame Anio, from Bosadi village, Huon Gulf in Morobe, after he had pleaded not guilty to the charge.
Justice Mogish found that the offended girl, who was a minor, was also sexually abused by another person but had maintained that Anio was the main offender.
When pressed by Anio’s lawyer from the Public Solicitors Office during cross-examination, she mentioned the other person’s name.
Justice Mogish said the girl’s attempts to protect the other person did not make her a credible witness.
“The onus is on the State to establish that the persistent sexual abuses were perpetrated on the victim on two or more occasions,” Justice Mogish said.
“In the present case, the only clear evidence of sexual abuse was in 2014 when she was sexually penetrated by the accused in the kitchen.
“At that time she was aged around 10 to 12 years and was in grade 3.
“As for the other instances of sexual abuses, I’m afraid to say that her evidence was very general, incoherent and lacked details. She could not recall when she was first sexually abused. She said it could be between 2011 and 2014.” Justice Mogish said that the dilemma now faced by State was avoidable had a substantive charge of sexual penetration or sexual charge been preferred against Anio.
Justice Mogish then found Anio not guilty and ordered a refund of his bail.
The State had accused Anio of persistent sexual abuse against the child at a resident in Port Moresby between Feb 1, 2011 and June 30, 2016.
6 comments
Who was investigation this case – they did an unfinished job that’s why this maniac had to be let go.
But again he can still be charged for sex with an underage/minor as stipulated under law. If the police cant charge him on that than the judge should given the age of the girl at the time of the offence.
The courts have been so lenient on repeat offenders and police investigating such cases should wake up from their incompetence and do a better job for the courts to reach an indictment for such crimes.
The prosecutor should.be aware of the fact that she was still a minor at the time of abuse. She might possibly be suffering psychologically or has some.traumatic experience from those experience. You cannot free a child abuser just like that. Know that he is free he will be going around preying on other minors. Poor court decision. The girl needed psychological assistance. You are indirectly supporting a dangerous child abuse perpetrator and discrediting the testimony and experience of an abuse victim.
The learned judge himself said, “The only clear evidence of sexual abuse was in 2014 when she was sexually penetrated by the accused in the kitchen.”
Then finds criminal NOT GUILTY!!!!!!
Unbelievable but as we hear in the media, “WE must protect our young female children!!!!!”
How is even possible, when they have all agreed that the offense took place. You are asking a 10ys old child for technical details. Taim yu 10years you save women taim yu pekpek na women taim yu pispis? Come on judge throw this criminal animals in jail and while you are doing that throw the lawyer from the Public Solicitors Office in jail as well. how can we allow a lawyer to cross examine a child. The lawyer from the Public Solicitors Office should be protecting the rights of the child not the other way round. Bloody waste of public money
The maniac should be rearrested immediately and appoint a new police prosecutor to investigate and prosecute this issue. Something is really wrong with this clear case! We cannot let persistent child abusers roam the streets and settlements free with their satanic ideals.
Even the law is now supporting criminals and sick minded perpetrators. How could you ask a juvenile to remember every nasty thing done to her. Please, the learned Judge has to do more to save this child and others from such perpetrators.
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