State v Roko [2001] FJHC 111; Hac0013J.2000s (13 December 2001)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0013 OF 2000

STATE

- v -

ORISI ROKO
FILIMONI DRUA
WAISAKE NACORO
VERESI RORAKUITA
MELI RASILEKA; and
SEKOVE VAKOSITA

Hearing: 6th November 2001
Sentence: 13th December 2001

Counsel: Mr W. Kurisaqila & Ms Bavou for the State
Ms P. Narayan for 1st and 6th Accused
Mr. N. Vere for 2nd Accused
Mr S . Valenitabua for 3rd Accused
Mr. A.K. Singh for 4th Accused
Mr. E. Veretawatini for 5th Accused

SENTENCE

All of you have been found guilty of the offence of Manslaughter. This finding was possible on the facts of the case, either on the ground that you did not intend or foresee grievous bodily harm, or on the ground that provocation had been offered to your close relative Simeli by the deceased Jioji Qilai. In either case, the court has found that all of you acted together to assault Jioji Qilai and thereby caused his death.

The tariff for manslaughter sentences in Fiji is between a suspended sentence to 12 years imprisonment. The Court of Appeal said in Kim Nam Bae –v- The State Crim. App. AAU0015/998S:

“The cases demonstrate that the penalty imposed for manslaughter ranges from a suspended sentence where there may have been grave provocation to 12 years imprisonment where the degree of violence is high and the provocation is minimal.”

In this case although the provocation was serious, done as it was to a young relative of all of you and evidently a person with who you all shared a close relationship, the degree of violence too was serious. The evidence led by the prosecution showed a joint attack by up to 8 men on an unarmed, defenceless old man in the early hours of the 30^th April. And no matter how angry and provoked you might have been at his act of shining a light on your relative as his eye was stabbed by Jioji Qilai’s son, and how frustrated you were because no one was arrested for the offence, there can be no avoiding of the fact that this was a case of a pack of men ganging up on one old man to inflict violence on him. Your behaviour was cowardly and shameful. For that reason, I must pass a sentence on you that reflects society’s disapproval of gang violence and vigilante killings.

I have heard all that counsel have had to say on your behalf. Fro the 1^st accused I note that because your previous convictions were for drunk and disorderly behaviour, they can be disregarded for the purpose of sentencing in this case. I note that you have a family to support and that you are remorseful, and have participated in a traditional ceremony seeking forgiveness with the deceased’s wife.

For the 2^nd accused I similarly disregard all your previous convictions which are old or very minor and take into account your family circumstances and your remorse.

The 3^rd accused is similarly treated as a first offender and I take into account all that counsel has said on your behalf including your frustration at police inaction in relation to Simeli’s assault.

The 4^th accused similarly is treated as a first offender with a young dependant family who was willing with all of you to plead guilty to manslaughter before this trial commenced.

The same mitigation applies to the 5^th and the 6^th accused. All of you have asked for a suspended term of imprisonment, and all of you have traditionally asked the deceased’s family for forgiveness.

Suspended terms of imprisonment have certainly been passed for manslaughter in the past, usually for those cases where the provocation was grave and the violence was minimal. However this was a case where 6 of you attacked one man, and your counsel cannot refer me to a case where a suspended sentence has been passed in the past for similar circumstances. Because of the joint attack on one man, which eye-witnesses gave evidence of, and because of your actions which not only killed Jioji Qilai, but caused terror in the entire community at Kilikali, a suspended sentence is not appropriate.

I will not apportion blame amongst you for the attack, because this was a joint enterprise and we do not know whose blow was the fatal blow. Thus the same sentence will be delivered for each of you.

Taking all these matters into account and after giving credit for the 20 months spent in remand, I sentence you as follows:

Accused 1 : 7 years imprisonment

Accused 2 : 7 years imprisonment

Accused 3 : 7 years imprisonment

Accused 4 : 7 years imprisonment

Accused 5 : 7 years imprisonment

Accused 6 : 7 years imprisonment

Nazhat Shameem
JUDGE

At Suva
13^th December 2001

HAC0013J.00S