Tongamoa Kakau, 32, served only six months of his three-year sentence after Judge Langi suspended two years for three years following his release.
As Kakau has no relevant or recent criminal conviction since he was convicted in 2004 for the offence of assault, Judge Langi deducted six months, leaving a total sentence of two years and six months.
Kaniva news reports Kakau was found guilty of one count of serious indecent assault contrary to section 124 (1) and (3) of the Criminal Offences Act.
In sentencing Kakau, Judge Langi said: “I take the fact that the accused is not remorseful and maintains his innocence and putting the witness through the trauma of having to give evidence as serious aggravating factors.”
The complainant and her husband were inside their bedroom sleeping in September 2019.
Between the hours of 3 – 4.00am, the victim woke up when she felt someone kissing her on the mouth and fondling her.
“At first, she thought it was her husband but upon closer inspection she realized that it was someone else. She yelled out her husband’s name and the accused got up and ran out of the bedroom.”
The victim told a probation officer that she had been emotionally affected by the ordeal and that a few weeks following the offending, she was furious with the defendant.
“Over time her anger was replaced with the feeling of embarrassment and humiliation over what had happened to her.”
“Despite this, she told the report writer that she has moved on with her life and relocating to a different island has had a positive impact in putting everything behind her and moving on with her life.
“She stated that a few days after the offending the defendant’s mother and sister came to see her and apologized to her and gifted her with $400. The accused did not go with them because he was still remanded in custody.”
The prisoner had later approached her and asked her to have the charges withdrawn so that he would be able to go overseas on the Fruit Picking Scheme.
Judge Langi said the prisoner was a reliable and hardworking young man who is currently responsible for taking care of his parents and siblings and his adopted daughter.
“He has however, found himself in an unfortunate situation caused by his own decision to go on a drinking spree that resulted in him committing something he would not have done if he had been sober.”