
The Supreme Court of Vanuatu has acquitted a Tanna village chief charged with rape, ruling that the prosecution did not prove beyond reasonable doubt that he was present at the scene of the alleged crime.
In the case of Public Prosecutor v Sam Mariawa, Justice Mackenzie delivered the verdict on April 1, 2026, in Port Vila, finding Mariawa not guilty of one count of sexual intercourse without consent.
Mariawa was accused of assaulting his estranged wife on April 4, 2020, in her garden, after he had left her for another partner. He denied the allegation and presented an alibi, claiming he was in Iapkasip village during the relevant period, involved in traditional dance preparations. Witnesses, including family members, supported his claim that he remained in Iapkasip throughout the time in question.
The case largely depended on the credibility of witnesses. While the complainant maintained her allegation, inconsistencies in her testimony, particularly regarding Mariawa’s presence at the scene, created reasonable doubt. Justice Mackenzie noted that these discrepancies, combined with the high burden of proof, meant the prosecution had not established the key elements of the offence.
As a result, Mariawa was acquitted. The court reaffirmed the presumption of innocence and the requirement for proof beyond reasonable doubt in criminal cases.
SOURCE: VANUATU DAILY POST
