A Tongan noble, Lasike, was acquitted on a rape charge this afternoon, July 28 by Chief Justice Robin Webster at the Nuku‘alofa Supreme Court.

Lasike was charged with one rape charge and two indecent assault charges.

Chief Justice Robin Webster told the court in a summary of his decision that the aspects of the complainant...’s own evidence in chief before she was cross examined raised a number of doubts in his mind about the nature of the alleged incident and the credibility of the complainant.

"“In brief her evidence to what happened in Room 10 at the Sandy Boyz Motel on October 15, 2005 appeared even at this stage not entirely consistent in itself and improbable," said Webster.

Mr Justice Webster also said that the essential elements to be established in this case was to find that there was rape and the defendant had sexual intercourse with the complainant against her will.

He added in this case Lasike accepted in court that he had sexual intercourse with the complainant on the date and at the place alleged but denied it was against her will.

Mr Justice Webster also said that in any criminal case the burden is on the prosecution to prove the case against the defendant beyond reasonable doubt and to that extent he did not accept the submission of the prosecution that the main issue before the court in this case is who was telling the truth.

The principle issue remained whether the prosecution had established the essential elements of the offences beyond reasonable doubt and especially in this case whether the complainant consented to what happened. And there was no evidence about anyone hearing the complainant shouting from room 10 nor was there any evidence that the door to that room had been locked during the incident and the prosecution led no medical evidence of any kind, he said.

Mr Justice Webster told the court that he very much regretted that he was unable to accept the complainant as completely credible and reliable in her evidence.

‘I was unable to accept as it was established in the words of the opening submission for the prosecution that this was a classical scenario where any employer with the power and status used his position to abuse and rape an employee."

Webster concluded that he therefore found that the necessary elements of these three counts had not been established beyond reasonable doubt and he found the defendant not guilty as charged and acquitted Lasike of all counts.