Marron V Marron

FIJI NATONAL UNIVERSITY

DEPARTMENT OF ACCOUNTING

LAW 501; COMMERCIAL LAW

ASSIGNMENT 2

Balemaira v State [2013]

FJSC 17; CAV0008.2013 (6 December 2013)

First Count

Statement of Offence

RAPE: Contrary to Sections 149 and 150 of the Penal Code, Cap. 17.

Particulars of Offence

KALIOVA VUKI BALEMAIRA, on the 20th day of November 2007 at Navua in the Central Division, had unlawful carnal knowledge of a woman, namely MARJORIE PARR, without her consent.

Second Count

Statement of Offence

RAPE: Contrary to Sections 149 and 150 of the Penal Code, Cap. 17.

Particulars of Offence

KALIOVA VUKI BALEMAIRA, on the 20th day of November 2007 at Navua in the Central Division, on an occasion after that which is referred to in Count 1, had unlawful carnal knowledge of a woman, namely MARJORIE PARR, without her consent.

[5] At trial, the prosecution called six witnesses. The first witness was the complainant, Marjorie Parr. Marjorie's evidence was that she was 31 years old and married with two children. She is an Australian national, but due to her Fijian family links, she was engaged to play for the Fiji national netball team. In 2007, she represented Fiji in the world cup netball tournament held in New Zealand. After the conclusion of the world cup, she returned to Fiji on 19 November 2007 to collect her bags and then head to her home in Sydney, Australia. She arrived in Nadi at 3.00am with her team and at 7am they headed to Suva in a coach.

[6] After spending the day in Suva, she went to spend the night in Deuba. She arrived in Deuba at 7.30pm with three other teammates, Taraima, Talei and Matelita. They stayed in a villa belonging Taraima's father. After having a light meal at around 8pm, the four girls started drinking. The girls were joined by four boys at around 11pm. Among the four boys were the petitioner, Lionel Evans, Chad Miller and another man who Marjorie did not know by name. Either Taraima or Matelita knew these boys and Marjorie said she took no...