State v Drodroveivali [2003] FJHC 317; HAC0009.2002 (3 June 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC0009 OF 2002

THE STATE

v.

ISIMELI DRODROVEIVALI

Mr. B. Solanki - Counsel for the State
Mr. R. Matebalavu - Counsel for the Accused

JUDGMENT

The accused is charged with seventeen (17) counts of Conversion: Contrary to Section 279(1)(c)(i) of the Penal Code. Two were disposed off during the trial.

The assessors have found the accused unanimously guilty on counts 1, 2, 5 and 6 while two have found him guilty on count 12 and one not guilty. On the rest of the counts they have unanimously found him not guilty.

I remind myself in terms of the directions I gave the assessors and I have considered the evidence presented at the trial.

On the evidence adduced I am satisfied beyond reasonable doubt in respect of counts 1, 2, 5, 6 and 12 that the alleged cheques were given to the accused by the complainant for deposit into his loan account. On evidence adduced I am also satisfied beyond reasonable doubt that the accused fraudulently converted the said cheques for his own use and benefit.

Accordingly I concur with the unanimous verdict of assessors in respect of counts 1, 2, 5 and 6 and majority verdict in count 12. I therefore convict the accused for the offence of Conversion contrary to Section 279(b)(c)(i) of the Penal Code on these five counts. Concurring with the unanimous decision of the assessors I acquit the accused on counts 3, 4, 7, 8, 9, 10, 13, 14, 16 and 17.

[ Jiten Singh ]
JUDGE

At Suva
3^rd June 2003