State v Tora - judgment [1994] FJHC 162; Hac0005j.1994s (2 November 1994)

IN THE HIGH COURT OF FIJI
(SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO.HAC.0005 OF 1994

STATE

-v-

SEVULONI TORA

CHARGE:
First Count: Murder - Contrary to Sections 199 and 200 of the Penal Code, Cap. 17.
Second Count: Rape - Contrary to Section 149 of the Penal Code.

Ms. N. Shameem for State
Mr. J. Baledrokadroka for Accused

JUDGMENT

The Accused is charged with Murder, contrary to Sections 199 and 200 of the Penal Code, Cap.17 in the first count. The particulars of the offence alleged against him are that on 27th day of May, 1993 at Rewa he murdered Loata Nuku.

In the second count Accused is charged with Rape, contrary to Section 149 of the Penal Code. The particulars of which are on the 27th May, 1993 accused had carnal knowledge of Loata Nuku without her consent.

I have directed myself in accordance with my summing up and have borne in mind the nature and quality of the evidence adduced from the various witnesses in this case.

I accept the evidence given by Dr.Seruvatu and find that Loata Nuku died of respiratory failure as a result of the multiple serious injuries she suffered.

I have no doubt that in inflicting such cowardly and cold blooded assault upon the deceased thereby causing her death, the accused did so with intent to kill or cause grievous harm.

It follows from such a finding that I accept the evidence of Inspectors Peni Seniloli, Josaia Rasiga, retired Inspector Lopeti, Sgt. Pelasio Cobona in regard to the manner and circumstances in which the interview statements of the accused were respectively recorded at Nausori Police Station on 11th and 12th of June, 1993. These statements are in the nature of confessions. I am satisfied that they substantially accord with the truth of what actually took place at Vutia on the morning of the 27th of May, 1993.

It also follows from my finding that I reject as factually untenable the defence of provocation.

In these circumstances I accept the unanimous opinions of the Lady and Gentlemen Assessors. In the result I find the accused Guilty of Murder as charged on the first count and convict him accordingly. I also find the accused Guilty of Rape as charged on the second count and convict him of the same.

S W Kepa
JUDGE

2nd November, 1994

HAC0005J.94S