Not enough evidence to convict man of rape

National, Normal

A YOUNG man from Gulf was convicted by the National Court last Wednesday for abduction, but avoided conviction of rape because of lack of evidence.
Gilbert Hikari, in his 20s from Vailala, Ihu district, was said to be an employee of a security firm.
Hikari, along with some others, followed the victim after causing an argument with the victim’s group last May 29 at Port Moresby’s Junction Club.
As the victim and her two male companions were leaving, Hikari and his group assaulted them and chased away the victim’s male companions and dragged the victim into a taxi.
Another man who is still at large, knocked out the victim while the accused was seated in the front passenger seat.
While unconscious, the victim was taken to the Moresby Arts Centre and raped.
When she awoke the next morning, she realised she was naked and had been raped, but did not know who her attackers were. Residents living nearby helped report the incident to police and seek medical treatment.
Deputy Chief Justice Gibbs Salika told the accused: “You were involved with Andrew Kom, the main person who held the victim’s hands and pulled her into the taxi, you did not do anything as a security guard.
“Those involved in the security industry have the responsibility to protect properties and the lives of others.
“Abduction commenced once the victim was put into the taxi, and being in the taxi, you got involved.”
Hikari told the court that he was dropped off at the Boroko Motors traffic lights and was not involved in the rape.
Although the state did not have credible evidence to link him to the rape, it asked the court to “infer that he went all the way with Andrew Kom and raped the victim”.
But the court said: “Because it was a very serious crime, the level of proof is a higher meaning that there must be more compelling evidence direct or indirect of the accused’s involvement in the rape rather than leaving it to mere inferences to be made or leave it to mere speculations.”
Salika spoke about the introduction of DNA testing to prove this, but PNG does not have this technology.
Submissions on a sentence is set for today.