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Public Prosecutor v Nahum [2021] VUSC 355; Criminal Case 3604 of 2020 (4 November 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 20/3604 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: John William (Hokau) Nahum

Defendant

Date of Trial: 1 and 2 November 2021

By: Justice G.A. Andrée Wiltens

Counsel: Ms M. Tasso for the Public Prosecutor

Ms K. Karu for the Defendant

Verdict

1. Mr Nahum faced 5 charges of sexual intercourse without consent, 5 charges of domestic violence and 1 charge of indecent act.
   
2. In her evidence, the complainant disclosed details relating to only some of those charges. Accordingly, there was no option but to find Mr Nahum not guilty of those matters not addressed.
   
3. In-chief, her evidence was that those offences she described had occurred without her consent. However, in cross-examination she capitulated entirely and agreed that in fact she had consented. The end result was that her evidence was so inconsistent that no reasonable Court could rely on her allegations to establish even a case to answer.
   
4. I therefore found Mr Nahum not guilty on all charges and dismissed all the charges against him.

Dated at Port Vila this 4th day of November 2021

BY THE COURT

.................................................

Justice G.A. Andrée Wiltens