A Fijian man accused of raping and sexually assaulting a Virgin Australia cabin crew member during a New Year stopover in Nadi has been acquitted after the High Court found significant inconsistencies in the complainant’s evidence.
Ilaisa Tanoa Degei was found not guilty of one count of rape and one count of sexual assault by Justice Sunil Sharma in the High Court at Lautoka on September 24. He was released following the judgment.
The charges arose from allegations involving a 21-year-old Virgin Australia cabin crew member following New Year’s Eve celebrations in Nadi between December 31, 2024 and January 1, 2025.
Justice Sharma ruled that it would be unsafe to convict Degei because the prosecution had not proved the charges beyond reasonable doubt.
The Court identified significant inconsistencies between the complainant’s initial police statement and a later statement, as well as contradictions that emerged during cross-examination. Justice Sharma found her evidence unreliable when considered alongside the other evidence before the Court.
The Court also considered evidence from the taxi driver who transported Degei and the complainant. The driver said he had looked through his rear-view mirror several times and observed no improper conduct, although evidence at trial also included his recollection of hearing the complainant say she did not like something during the journey.
Medical evidence did not independently establish whether rape or sexual assault had occurred. The doctor who examined the complainant could neither confirm nor rule out the alleged offences, while the Court found there was insufficient evidence to establish that a mild bruise on her breast had resulted from the alleged assault.
Justice Sharma found Degei’s denial of improper conduct credible and said it had not been undermined during cross-examination. The Court ultimately found the evidence left reasonable doubt and acquitted him on both charges.
The acquittal comes more than 20 months after Degei was arrested and charged following an incident that attracted international attention because the complainant was a member of a Virgin Australia crew staying in Fiji between flights.
In January 2025, Degei was initially refused bail in the Nadi Magistrates Court and remanded in custody before the case was transferred to the High Court because of the seriousness of the charges. He was subsequently granted bail during the proceedings.
The allegations emerged after Virgin Australia crew members had been celebrating New Year’s Eve at a nightclub in Nadi’s Martintar district during a layover.
Throughout the trial, Degei denied sexually assaulting the woman. He told the Court that he had been attempting to help her return safely to her hotel because she was heavily intoxicated.
The Office of the Director of Public Prosecutions said it would review the judgment before deciding whether to appeal.
The complainant’s identity remains suppressed by court order.
Virgin Australia previously operated services to Tonga, including flights between Auckland and Nukuʻalofa, but the airline withdrew from the route in 2020 and does not currently list Tonga among its international destinations.
