A sixty-three years old man has escaped a jail term after the judge convicted him over a long-lasting affair he had with his granddaughter since 2005.
The granddaughter was reportedly in class 3 and 4 when the grandfather started the indecent attack on her until she reached class 7.
Justice Oliver Saksak who presided over the case found that the old man continued until January 2015 when the matter was reported to the police. The grandfather was charged with indecency.
Justice Saksak said that the offences warrant a maximum penalty of 10 and seven years imprisonment.
He said that the fact that the grandfather admitted in court revealed that the matter started to occur in 2007 after the victim went to live with her grandfather after her parents got separated.
The victim moved to see her grandfather at Mele and grew up with him since she was six years old.
The last encounter being on January 1, 2015 (New Year) when the victim had a couple of wine and went off to sleep.
The judge said that she woke up and found she had no clothes on her body and found her grandfather beside her and she decided to move back to Ifira Island before the matter came to light.
Justice Saksak said that there is a huge age difference between the duo and the trust between has been abused especially to the grandfather with a responsibility of care and protection of the child in circumstances where her parent was separated.
The offending repeated over eight years since 2007 and the offence occurred within the confines of the grandfather’s home where the victim was supposed to feel safe.
The Judge then started with six years imprisonment as the starting point first count and three years for the second count but ordered the sentences to be served concurrently.
He said that the Probation Service failed to produce a Pre-sentence report but the judge noted from the defence that the man was in his 60s and is a person of good character with no previous conviction.
The old man claimed to have some medical conditions but he also failed to provide any records to court.
The court was told that the man had performed a custom ceremony witnessed by the paramount chief of Mele and with other mitigation factors, the court reduced 12 months leaving five years.
The early guilty pleas later came into play leaving an end sentence of three years and eight months.
The end result was a suspended sentence for two years. The grandfather was ordered to do 80 hours community work.
SOURCE: VANUATU DAILY POST
