A 34-year-old taxi driver was acquitted of raping a 27-year-old mother at a bush area in Tokomololo in October last year. 

Hon. Mr Justice Laki Niu in a judgment on November 7 at the Supreme Court gave a not guilty verdict, after finding that he could not rely on the complainant's evidence, and that her statement to the police was not consistent with her evidence in trial.

“Having come to the views taken in respect of the evidence (the facts), I cannot help but find that I cannot rely upon the evidence of the complainant that she was raped by the accused, as the prosecution has alleged against the accused. No other evidence supports her evidence,” he said.

"I therefore have a reasonable doubt that she was raped by the accused."

The court heard that the complainant was working in Nuku’alofa and around midnight on October 18, 2017 had called a taxi to take her home, but this driver had instead taken her to a bush area, where the alleged offence was reported to have occured inside the car.

The accused did not dispute that he had sexual intercourse saying it was consented, which the complainant in her evidence in chief, said she did not consent to this nor did encourage him to. She also said she had told her family of what happened to her last year.

The court also heard that this taxi driver had also been drinking alcohol since earlier that day.

The judge in view of the evidence discharged the taxi driver.

In Tonga, a rape conviction carries an imprisonment term not exceeding 15-years.