The State v Eddie Peter (No 1) (2001) N2296

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2296
• Date: 12 October 2001
• Court: National Court
• Year: 2001

Full Title: The State v Eddie Peter (No 1) (2001) N2296

National Court: Kandakasi J

Judgment Delivered: 12 October 2001

1 CRIMINAL LAW—Particular offence—Rape—Identification only issue for trial—Identification by recognizance of voice and items worn by accused at time of offence—Need to warn dangers of mistaken identification—Defence of alibi raised in evidence without giving required notice and any supporting evidence—Guilty verdict returned—Criminal Code s347.

2. EVIDENCE—Assessment of—Matter of logic and common sense—Evidence or claims inconsistent with logic and common sense not credible—Inconsistencies in accused oral evidence and record of interview and inconsistencies in the record of interview itself—Only inference open accused evidence incredible and unreliable.

3 John Beng v The State [1977] PNGLR 115, David Kandakason v The State (1998) SC558 and The State v Raphael Kimba Aki (2001) N2039 and The State v Saikoro Norman [1979] PNGLR 599 referred to

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Kandakasi J: Yesterday the accused pleaded not guilty to one count of rape contrary to s347 of the Criminal Code ("the Code") allegedly committed on 26 August 1998, at Naura not far from here. That necessitated a trial resulting in the State calling three witnesses and admitting into evidence with the consent of the accused a number of documentary evidence.

The Evidence

The first witness for the state was the victim, whose name I will not state for her protection. She was at the time of the alleged offence attending primary school and she is now doing grade 9. She was on her way to school around 7.00am when she saw a masked man. Upon seeing the masked man, she turned and started running back. The masked man chased her until she ran out of breath and fell down on both her knees faced down crying. The masked man came from behind her and placed a grass knife on her neck and held her by her hands and lifted her up. He then took her toward the side of a river where it was bushy. She was still crying at that stage.

The masked man caused her to lie down on an old rotten log. He then demanded her to pull her skirt and pants down but she refused and the man removed them himself. He then opened both of her legs and proceeded to have sexual intercourse with her against her will. She felt a lot of pain in the process and she continued to cry in pain. He threatened her with the grass knife and ordered her not to cry. After having had forceful sexual intercourse with the victim, the masked man told her to go to the Naura Hospital and get medical treatment and he escaped.

The masked man was covered from the head down through his face terminating just below the chin with his beard sticking out. However, judging from his voice and the features of the man the victim recognised her assailant to be the accused. They are related by marriage. The assailant is married to an aunt of the victim and she calls him her uncle. They live in the same area, next door to each...