State v Naisake [2001] FJHC 6; Hac0001j.2000s (14 February 2001)

Fiji Islands - The State v Naisake - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 001 OF 2000S

STATE

-v-

TIMOCI NAISAKE; and

SAULA MATAVUCU

Counsel: Ms A. Prasad for the State

Mr I. Fa with U. Ratuvili for the Accused Persons

Hearing:31st January 2001

Judgment:14th February 2001

JUDGMENT

The unanimous opinions of the assessors are that the accused persons are not guilty either of Murder or Manslaughter. Their opinions are based evidently on lawful self-defence for the 1st accused, and on non-participation on the assault on the deceased for the 2nd accused. These opinions are available to the assessors on the evidence.

I therefore concur with their opinions and acquit each accused. They may step down.

Nazhat Shameem

JUDGE

At Suva

14th February 2001

HAC0001j.00s