Man alleged of raping niece walks free

 By ADRIAN MATHIAS

A MAN accused of raping his niece walked free early this month when the judge found no substance in the allegations brought against him by the victim.

Justice Panuel Mogish found the man from Kairuku, Central, was not guilty of the crime and set him free.

He was initially charged with one count of aggravated rape and one count of abuse of trust, authority or dependency under section 347 (2) and 229E of the Criminal Code Act.

Mogish, when delivering his decision at the National Court in Bomana outside Port Moresby, said: “The state alleged that between seven and eight o’clock night on March 7, 2010, the victim went to the accused house – part of it was a store – to buy one litre Sprite. The victim asked the accused if he was selling any and the accused replied there was none. The accused then told her to go into the house to put on the lights. 

He followed her into the house, grabbed her and pushed her onto a bed and sexually assaulted her.”

Mogish said the state further alleged the accused knew the victim was a member of the same family or clan as him and he was her uncle. 

The prosecution said the accused knew the victim was between 16 and 18 years of age in their report.

According to victim’s evidence she said the accused followed her into the house and further into the bedroom. 

She alleged he sexually assaulted her in the bedroom but she did not properly identify him except that she could only tell by his built and voice. 

She also said the bedroom was dark.