The Supreme Court has convicted a pastor of one count of unlawful sexual intercourse involving a child under the age of 13, following a two-day trial held in May.
Justice Maree MacKenzie delivered the verdict on 17 June, finding that the prosecution had proved the charge beyond reasonable doubt after assessing evidence from the child complainant, her mother, a child protection officer and a medical practitioner.
According to the judgment, the incident occurred while the family was living on Tanna in 2025. The complainant, who was five years old at the time and six years old when she testified, later told her mother she was experiencing pain. Her mother subsequently sought medical attention at Lenakel Hospital, where a physical examination was carried out.
The Court heard evidence from Child Protection Community Officer Sonia Nentu, who became involved after receiving information about the case. The judge found that the child’s account remained consistent over time and that her disclosures to the child protection officer were consistent with the evidence she later gave before the Court.
Justice MacKenzie said the child gave her evidence in an age-appropriate manner and appeared to be recounting events she had personally experienced. She noted that while the child was understandably uncomfortable discussing private matters, her evidence remained consistent and she maintained that she was telling the truth.
Medical evidence presented during the trial showed signs of inflammation and injury. The judge accepted the doctor’s observations from the examination but ruled that the opinion that sexual abuse had occurred would not be relied upon, as the doctor did not possess specialist qualifications in that area. However, the Court accepted the physical findings recorded during the examination.
The Court also heard evidence from the child’s mother, who testified that the family had been living on Tanna and that she later took her daughter for medical treatment. Justice MacKenzie said the mother’s evidence helped explain the sequence of events and supported the child’s complaints of pain.
The accused denied any wrongdoing and exercised the right to remain silent during police questioning and at trial. The judge emphasised that the accused was presumed innocent and that the burden rested entirely on the prosecution to prove the charge beyond reasonable doubt.
An additional charge in the original information, relating to an alleged incident in 2023, was discontinued after the prosecution acknowledged insufficient evidence.
In her ruling, Justice MacKenzie highlighted changes brought about by the Evidence Act 2025 and related amendments, noting that a child’s unsworn evidence no longer requires corroboration and is not considered less reliable solely because it is unsworn.
After considering all the evidence, Justice MacKenzie concluded that the prosecution had established the charge and entered a conviction against the accused for unlawful sexual intercourse contrary to Section 97(1) of the Penal Code.
