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Home > Complainant made no sense, says judge

Complainant made no sense, says judge [1]

Nuku'alofa, Tonga

Friday, August 13, 2021 - 18:30

Paea Fainga’a was acquitted on two counts of serious housebreaking and theft of a car in 2019 by Hon Mr Justice Cooper in a ruling this month, after he found the evidence of the complainant Siaosi Vete unconvincing.

Vete who lives in 'Anana had given evidence that about this time in 2019, his white Mitsubishi motor vehicle was faulty and that the defendant offered to fix it for him.

The judge said that in Vete's evidence in chief, he stated the car was still being repaired beyond midnight but in re-examination, that repair had been completed before1600 hrs on that Sunday. Vete also said he had not told the complainant that the car needed repairing, but that somehow he had found out.

“How he could not explain why he had allowed the defendant to repair his car, inherently made no sense,” the judge said.

“This case turns on the credibility of Vete. The last point may be a tangential issue, but credibility is always central to a witnesses' evidence and here that witness's evidence the Crown are totally reliant upon,” he said. "I am very concerned about Mr Vete's evidence."

The judge noted that the complainant's refusal to attend court, “pretending that he was on his way, yet having to be arrested on a warrant I issued,” he said.

"I find him a totally unconvincing witness and in my view it would be dangerous for his evidence to be relied upon."

There was no case to answer. Both counts were dismissed and Fainga'a acquitted, the judge ruled.

Tonga [2]
acquittal [3]
Nuku'alofa Supreme Court [4]
From the Courts [5]

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Source URL:https://matangitonga.to/2021/08/13/complainant-made-no-sense-says-judge

Links
[1] https://matangitonga.to/2021/08/13/complainant-made-no-sense-says-judge [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/acquittal?page=1 [4] https://matangitonga.to/tag/nukualofa-supreme-court?page=1 [5] https://matangitonga.to/topic/courts?page=1