State v Soronaivalu [1995] FJHC 142; Hac0010j.1994s (13 September 1995)

IN THE HIGH COURT OF FIJI
(SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0010 OF 1994

BETWEEN:

STATE

-v-

SEVANAIA SORONAIVALU

CHARGE: Murder: Contrary to Section 199 of the Penal Code, Cap.17
Rape: Contrary to Section 149 of the Penal Code, Cap.17.

Mr. Wilkinson and Mr. Hook for State
Mr. Gates for Accused

JUDGMENT

The accused is charged with Murder, contrary to Section 199 of the Penal Code, Cap.17 in the first count. The particulars of the offence alleged against him are on 4/12/93 at Korovou, Kadavu, he murdered Marama Tavukilala Kanaivalu.

In the second count Accused is charged with Rape, contrary to Section 149 of the Penal Code. The particulars of which are on 4/12/93 accused had carnal knowledge of Marama Tavukilala Kanaivalu 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.

The sole evidence against the accused is his statements to the police which are of confessional nature and there is no other corroborative evidence adduced as there were no eyewitnesses to the crime.

In these circumstances I accept the unanimous opinions of the Lady and Gentlemen Assessors in the First Count. In the result I find the Accused Not Guilty of Murder as charged on the First Count and acquit him accordingly.

As for the Second Count, I accept the opinion of the 1st Assessor and reject the opinions of 2nd and 3rd Assessors. It is totally illogical and untenable if the accused is found Not guilty of Murder on the same set of evidence coming from his statements and found guilty of Rape.

In the circumstances I find the accused also Not Guilty of Rape as charged and acquit him accordingly.

The accused is forthwith discharged.

[S W Kepa]
JUDGE

13th September, 1995

HAC0010J.94S