Rape case thrown out, judge says evidence illogical, inconsistent

By SCHOLAR KASSAS
A POLICEMAN facing a rape charge has been acquitted, with the judge describing the woman’s evidence as illogical and inconsistent.
National Court acting judge Justice Laura Kuvi on Monday acquitted Christopher Tobias, 32, of Nilguma village in Sinesine-Yongomul, Chimbu, saying the evidence he presented to the court had been consistent since he was first interviewed by police in 2018.
Tobias faced three counts of rape for allegedly having sex with the woman without her consent on three occasions.
The first was in March, 2018, when Tobias allegedly threatened her with a knife, pulled her into his room and raped her.
The second occasion was in April 2018 when the woman after drinking alcohol with her brothers outside Tobias’ house walked inside his room and fell off to sleep.
Police allege that Tobias arrived home, saw her asleep there and raped her.
The third occasion was in May, 2018, also in Tobias’ room where the woman and another had spent the night. Justice Kuvi said the health officer, police investigating officer and the prosecutor had provided “varying information”.
She said the second occasion was inconsistent with logic and common sense as the woman had no compelling reason to be at his place.
“It was not her home, and she is an adult woman deciding to drink alcohol at the home of the man she says raped her some days ago,” Justice Kuvi said.
She said the women’s father who was collecting witness statements did not obtain any from those she had claimed as her brothers.
“This lack of detailed explanation as to the events are material to the issue when considered with the record of information and other alleged offending.”