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ONE is an INMATE and another has IMMUNITY: When is Rape Not Rape? While former 7s rugby rapist Nasilasila is serving his jail time, RABUKA wants to be PM. In 1987 Indo-Fijian women RAPED under his Wardenship

20/2/2022

 
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'He [Amenoni Nasilasila] is a convicted rapist and it is beyond belief that the Fiji Corrections Service has allowed him to play in the Wardens side – he is not a warden, he is an inmate. We demand his immediate withdrawal from the team and totally condemn Nasilasila’s inclusion.'
Fiji Women’s Crisis Centre coordinator Shamima Ali; 
She also demanded answers as to why he was allowed to play because he was convicted in a court of law. 'This is sending out a terrible message to rapists and would-be rapists. Rape is a heinous crime and once a person is convicted, they need to serve out their sentence –
not be allowed to play rugby at their leisure.'


* In November 1987, Rabuka initiated a mass breakout from Naboro Prison. Escapees, including violent and dangerous rapists among them, were allowed by Rabuka's military to march to Government House with various demands, including pardons.
* Many went on to rape Indo-Fijian women, under Biman Prasad's political darling Rabuka's WARDENSHIP.
While Nasilasila is doing his time, Rabuka is out, cloaked in Immunity.
* Unlike Nasilasila, who knew his victim, Rabuka's RAPISTS chose
Indo-Fijian women at random and against their wills, either breaking and raping them inside their sacred homes, or dragging them away, and raping them in bushes all over Fiji.
* For Rabuka told his i-Taukei, Fiji belonged to them, and Indo-Fijian women were chattels, pagans, filthy strangers in Viti.
* Some of the escaped prisoners even ended up sodomizing Indo-Fijian men as extra bonus. 
*While his failed political coalition partner JAI RAM REDDY went on to prosecute Rwandans for rape and murder, Rabuka and his Rapists were (and still are) roaming around Fiji. Now, PAP-NFP Pact in 2022?
Fijileaks: Among those abducted, raped, and murdered after the 1987 coups was our Founding Editor-in-Chief's 24 year-old youngest sister. It was in revenge for the arms shipment into Fiji.
* Unlike the NFP leader and political opportunist BIMAN PRASAD, from day one of the 1987 Rabuka coups, our Editor had stood up to defend the HONOUR and DIGNITY of the Indo-Fijian women in Fiji, and it was the rapes and beatings that had prompted the young AIYAZ SAYED KHAIYUM and his team to take the fight right to 'RAPIST RABUKA'.
* SHAMIMA ALI would be able to add more intimate details about 1987.
*BIMAN PRASAD was one of very few who hid under the bed at USP in 1987 and was not part of the 'Young Turks' who took the fight to Rabuka.
* It is SICKENING to be told that the 'Rapist' has apologised for
RAPING DEMOCRACY at the barrel of a gun on 14 May 1987.
* A copycat Rabuka Coup in 2006 saw the convicted murderer
FRANCIS KEAN now in charge of the Fiji Prisons Service. Astonishingly, a Suva lawyer GRAHAM LEUNG was recently cheering for Rabuka as PM. * No Self-Respecting Indo-Fijian will Endorse or VOTE for RABUKA.
A Vote for NFP is a Vote for Rabuka and his People's Alliance Party
We need to end Coup Culture

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Sitiveni Rabuka tours the UK in 1970 representing Fiji.
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Convicted rapist Amenoni Nasilasila

Fiji Women’s Crisis Centre coordinator Shamima Ali calls for the immediate withdrawal of convicted rapist Amenoni Nasilasila from the Prison Wardens 7s team. When will Ali, who is reportedly planning to contest election under the NFP banner, and maybe become the Women's Minister in a Rabuka-Prasad coalition government, is silent on the historical rape of Indo-Fijian women that were committed under the PAP leader Rabuka's wardenship. His supporters claim he apologised for the 1987 coups. Nasilasila also regretted his behaviour, apoloigised, and asked for clemency in the Fiji High Court. Judge Justice Daniel Goundar overturned the not guilty opinion of the three assessors and convicted 27-year-old Nasilasila for a count of rape. Justice Goundar set a non-parole period of six years.
Justice Goundar:
"Counsel for the Accused filed detailed mitigation submissions. The Accused is 27 years old and single. He has a daughter who is about two years old. He comes from a humble background. He was brought up by a single mother with two of his siblings. The offence the Accused committed is not a reflection of the values that were taught to him by his mother. Those values in fact helped him to establish himself as a professional sportsman both locally and internationally. His professional referees have vouched for his hard work, perseverance and endurance. He had an unblemished character until he committed the crime on 22 December 2018. For the Accused, a fall from grace is punishment in itself. Unfortunately, the realisation is late and so is the apology for clemency."

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JUSTICE DANIEL GOUNDAR, FIJI HIGH COURT, 23 OCTOBER 2019

[1] The Accused appears for sentence after he was found guilty of rape contrary to section 207 of the Crimes Act. At trial, the Accused did not dispute that he had sexual intercourse with the victim. His defence was that it was consensual. The Court did not accept the defence case. The Court found that the victim was a truthful witness and believed her account that the Accused used force and that she did not consent to sexual intercourse.

[2] The victim is in her early twenties. She migrated to the USA when she was in her teens. Currently, she is a flight attendant with an American airline. She first met the Accused in 2017 when he was representing Fiji in the Sevens Rugby tournament in the USA. They developed a friendship and were in contact on social media. That relationship ended in the beginning of 2018. However, she remained in contact with the Accused because of her past friendship with him. When the incident occurred she was in a new relationship.

[3] The incident occurred when the victim came to Fiji for a visit. She was scheduled to return to her home on 22 December 2018. On this day she was staying with her aunt at Olosara, Sigatoka. According to the victim, the Accused turned up at her residence with two other male friends. She said the Accused was intoxicated. They had a friendly conversation and she introduced her aunt to him because of his celebrity status. After a while her aunt left their home for town with the two boys who had accompanied the Accused.

[4] The victim said she stayed back alone with the Accused because she trusted him. They sat on the front porch chatting when she heard notifications on her mobile phone which was inside one of the bedrooms. When she went inside the house, the Accused followed and forced himself on her by pushing her on a mattress and pulling down her undergarment. She pushed him off and ran to the bathroom to get away from him. But before she could lock the door, he forced himself inside the bathroom, pushed her on the floor and raped her. Her pleas for him to stop were ignored by him. He left her in the bathroom in a distressed condition when he realised his friends had returned to the house.

[5] The victim complained to her boyfriend that the Accused raped her shortly after the incident. The matter was reported and the victim was medically examined the same evening. Apart from abrasions on the genetalia, the victim did not sustain bodily injuries.

[6] Rape is an intrusive form of sexual violation of another person’s privacy. Every person has autonomy over his or her body, and therefore, has a right not to be subjected to degrading violation of one’s body without consent. When an intrusive violation occurs to a person’s intimate body parts, the harm is to both the body and the soul of the victim. Scars to the body may heal over time, but the psychological damage done to the victim’s mental health is long lasting or permanent.

[7] The victim gave evidence that the offence took both physical and emotional toll on her. After a finding of guilt was made, the victim gave sworn evidence of the emotional impact the incident had on her. She suffers from mental and emotional withdrawal symptoms. That evidence was not challenged by the defence.
[8] The victim said she was subjected to further victimization on social media by the Accused’s fans after she accused him of rape. However, she did not suggest that the Accused is personally responsible for the actions of his fans. She blames his status as a sports celebrity for the attacks on her by his fans.

[9] It is indeed a sad predicament on our society to further victimize the victim because the Accused is a sports celebrity. His status as a sports celebrity is neither a mitigating nor an aggravating factor. I am mindful that he is to be treated like any other ordinary citizen without giving any prominence or weight to his celebrity status. That assessment is based on the cardinal principle of equality before the law (State v Batiratu  [2012] FJHC 864; HAR001.2012 (13 February 2012)).

[10] The legislature has prescribed life imprisonment for the offence of rape. The intention of the legislature is clear. The courts duty is to denounce rape and deter the offender and others from such crime.

[11] The tariff for rape of an adult is between 7 to 15 years imprisonment (Rokolaba v State [2018] FJSC 12; CAV0011.2017 (26 April 2018)). The tariff is a guide and not a principle. The ultimate sentence must reflect both the objective seriousness of the offence and the seriousness of the actual conduct of the Accused.

[12] In assessing the seriousness of the actual conduct of the Accused, I am mindful that he is to be punished for a single episode of rape. The evidence is that although he behaved aggressively towards the victim and was not listening to her pleas to stop, he did not use physical violence. No physical injuries were inflicted.

[13] The aggravating factors are that the Accused breached the victim’s trust, he was intoxicated and he humiliated her by telling her that he wanted a baby and was going to ejaculate inside her while being raped.

[14] Counsel for the Accused filed detailed mitigation submissions. The Accused is 27 years old and single. He has a daughter who is about two years old. He comes from a humble background. He was brought up by a single mother with two of his siblings. The offence the Accused committed is not a reflection of the values that were taught to him by his mother. Those values in fact helped him to establish himself as a professional sportsman both locally and internationally. His professional referees have vouched for his hard work, perseverance and endurance. He had an unblemished character until he committed the crime on 22 December 2018. For the Accused, a fall from grace is punishment in itself.

Unfortunately, the realisation is late and so is the apology for clemency.


[15] The remand period is less than two months.

[16] I take all these into account. I sentence the Accused to 8 years’ imprisonment with a non-parole period of 6 years.

[17] The Accused may appeal to the Court of Appeal within 30 days.

.........................................................
Hon. Mr Justice Daniel Goundar

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