State v Tabanivalu [2003] FJHC 172; HAC0013J.2002S (9 July 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0013 OF 2002S

STATE

v.

TIMOCI KAUYACA TABANIVALU

Mr. D. Toganivalu with W. Kuruisaqila for State
Accused in Person

JUDGMENT

The three assessors have given their unanimous opinions that the accused is not guilty of rape. Their decisions are clearly based on their lack of belief in the evidence of the complainant and of Makereta as witnesses of truth.

In the circumstances I do not find their decisions perverse. They are possible on the facts of this case.

I therefore concur with their opinions and acquit the accused accordingly.

Nazhat Shameem
JUDGE

At Suva
9th July 2003