State v Toka [2003] FJHC 181; HAC0008D.2003S (18 September 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0008 OF 2003S

STATE

-v-

METUISELA TOKA

Counsel: Mr. P. Bulamainaivalu for State
Ms M. Waqavonovono for Accused

Hearing: 18th September 2003
Ruling: 18th September 2003

RULING

The photographs of the Post Mortem of the deceased are excluded. They have no probative value at all. Photograph 1 is not objected to. Photograph 2 has a caption which has no direct evidence to show that the deceased was squatting when speared. The photograph itself, subject to cross-examination has probative value because it will give the assessors an idea of the scene. The caption is excluded.

Photograph 3 is admissible. Photograph 4 is admissible. Photograph 5 is admissible. Photograph 6 is admissible without the caption which is disputed. Photograph 14 is admissible.

Nazhat Shameem
JUDGE

At Suva
18th September 2003