JUDGMENT
This is the judgment of the Court in the trial of Willie Tass Tasso. The trial
took place at Port Vila and the proceedings
were conducted in Bislama. The
judgment is written in English.
The defendant is Willie Tasso
and is the Chairman of Vanuatu Independent dent Movement and worked in the office
of that
Movement. The office of the defendant is located on same building as
that of the South Seas Shipping.
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The defendant was committed to
the Supreme Court and was charged with 6 counts of Indecent Assaults,
contrary to Section
98 (2) of the Penal Code Act [CAP. 135] and one count of
rape, contrary to Section 91 of the Penal Code Act [CAP. 135]/
Count 2
As to the offence of rape,
contrary to Section 91 of the Penal Code, it is pais particularised as follows:-
That sometime in the month
of January 2002, the defendant had sexual intercourse with the complainant
Orelly Tabi at the
Vanuatu Independent Movement
Office, Port Vila, by false representation. The defendant misrepresented to
the complainant
that sexual intercourse is part of the interview procedure
to get a job on board Pacific Sky.
As to the offenc Indecent Assaults (x 6 counts), contrary to Section 98
8
(2) of the Penal Code, they are particularised as follows:-
Count 1
That Willie Tasso is from
Ambrym and he works at
Get Away Island Tours, Vila, as
General Manager. In or about November and December 2001 at the Vanuatu
Independent Movement
Office, Vila, the defendant indecently assaulted Orelly
Tabi by having the complainant to masturbate his penis and at the time
the
complainant is over 13 years of age.
Count 3
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That the defendant, in or
about December 2001 at the Vanuatanuatu Independent Movement Office, Vila, he
indecently assaulted
Roslyn Tasso by having her masturbate his penis and at
the time the complainant is over 13 years of age.
Count 4
That the defendant, in or
about December 200r 2001 at the Vanuatu Independent Movement Office, Vila, the
defendant indecently
assaulted the complainant Lollyn Tete by getting her
masturbate his penis and at the time the complainant is over 13 years
of
age.
Count 5
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That the defendant, in or
about December 2001 and January 2002 at the South Seas Shipping Office,
Vila, he indecently
assaulted the complainant Marian Kalran, by getting her
to masturbate his penis and at the time the complainant is over 13
years of
age.
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That the defe, in or
about 10 January 2002 at the South Seas ShippShipping Office, Vila, he indecently
assaulted the complainant
Lilly Albert by getting her masturbating his penis
and at the time the complainant was over 13 years of age.
tyle="marg"margin-top: 1; margin-bottom: 1">
Count 7
That the defendin or
about 10 January 2002, at the South Seas Shippihipping Office, Vila, the
defendant indecently assaulted
the complainant Netty Edmandley by having her
masturbating his penis and at the time the complainant was over 13 years of
age.
The defendant pleaded not
guilty to all 7 counts (1 count for rape counts for indecent assaulssault).
The pleas were noted and the
trial pded on the basis that Section 81 of the Criminal Procedure dure Code
[CAP. 136] was
read and explained to the accused. The defendant understood
his right contained therein.
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This is a criminal trial.
for the prosecution who brings the charges to prove rove them. There is no burden
on the defence
whatsoever. The law is for the prosecution to prove each and
essential elements of the offence(s) charged against the accused
beyond
reasonable doubt. If at the end of the day, I am left with a reasonable
doubt as to the defendants guilt, then,
the defendant will be entitled to
the benefit of doubt and be acquitted.
As to the offef Rape, it
is defined by Section 90 of the Penal Code Code as follows:-
Any person
upon
penetration.
In this trial, the of of
rape alleged against the defendant is based on faon false representation as to
the nature of
the act.
In the trial, it is conceded
that the defendant has sexual intercourse with the complainant Orelly Tabi.
It is also conceded
that complainant Orelly Tabi consented to have sexual
intercourse with the defendant but the consent was induced by false
representation of the nature of the act. That is the only issue for the
prosecution to prove in respect to the offence
of rape on the criminal
standard required.
As to the offence of Indecent
Assault, contrary to Section 98 (2) of the Pena Penal Code Act [CAP. 135].
Section 98 (2) says that:-
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No person shall indecently
arcibly assault any other peer person not under the age of 13 years.
For tfendant to be found
guilty of the offence under Section 98 (2) of the Penal Code, the, the
prosecution must prove beyond reasonable doubt of the following essential
elements of the offence.
1.&t;"> &nnsp;&&nsp;;&nspp;&nssp;&nsp;
The accuseentitentionally assaulted the victim.
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1">
<
2. &nnsp;&&nsp;;&nspp;&nssp;&nsp;
The lt, ur ther the assault and the circumstances accompanying it
(the assault), are capable of being considered by right-minded
persons as
indecent; and
3. &nnbsp;; &nsp; &nsp; &&nbp;; &nnsp;&
p;
The accused intended to commit such an act as is referred to in 2
above;
4. &nnsp;&&nsp;;&nspp;&nssp;&nsp;
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>
The defendant is charged with 6
counts of Indecent Assault (apart from rape iape in Count 2).
The prosecution has not led any
evidence to prove beyond reasonable the offence of Indecent Assault, against
the complainant
Lollin Tete, as charged in Count 4.
The defendantie Tasso is
not guilty as charged. He is therefore dire discharged of the offence as charged
in Count 4.
Evidence
Rape
1">
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Consent obtained by false
representation as to the nature of the act.
First and second time of sex no
complaint. This during working period of six months in the office and at
4.30 PM.
The nature of the act is not
clear by violence.
Orelly Tabi is going to work
further months with the defendant. The eThe evidence pointed to procedure for
work. She is
working for Vanuatu Independent Movement. A relationship
between the defendant and the complainant Orelly Tabi.
to
boyfriend/girlfriend without threat or intimidate.
deny as to the consent
of the complainant Orelly Tabi which is
by false
misrepresentation by the
nature of the act.
Doubt bfavour of the
defendant.
Offence of rape:
/p>
Verdict:
&nnbsp; &nsp; &nbbp;&nnbp;& Nop;guilty.
Indecent Assault
5 counts of indecent assault.
(Count 1, Count 3, Count 5,
Count 6 and Count 7).
In Count 1
First Element: eished on ard dard requirequired.
Element 2 : &nbssp; esp; est; established
on standard required.
Element 4: &nbbsp;& use use use of force
no evidence this, not proved.
Verdict:
&nnsp;& Dsp;ndafe nottguiltguilty.
In Count 3
Defendant not guilty.
In C5 (Complainant Marian Kalran)
First Element: made out.
Element 3: p;&nbbsp; msp; made oude out.
Element 4: Force used: yes, byoway re threat or intimidation for
complainant to lose her job.
1">
<Verdict: &nnsp;&&nsp;;&nspp;&nssp;&nsp;
Defendant guiltyhargcharged under Section 98 (2) in Count 5.
In Count 6
pt">
No force used.
Verdict: ;&nbssp; &nsp; &nsp; p;
Dafendant nott not guilty as charged in Count 6.
In Count 7
No force used.n>
Verdict: ;&nbssp; &nsp; &nsp; p;
Dafendant nott not guilty as charged in Count 7.
Dated at Port Vila, 19th
day day of June 2002.
/p>
Vincent LUNABEK/b>
CHIEF JUSTICE.
