State v Sani [2004] FJHC 75; HAC0013J.2003S (24 March 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC013 OF 2003

STATE

v.

SURESH SANI; and
DEO RAJ

Mr. W. Kuruisaqila for State
Ms J. Nair for 1st Accused
Mr. R. Chand for 2nd Accused

Hearing: 19th January 2004 – 24th March 2004
Judgment: 24th March 2004

JUDGMENT

The three assessors have given their unanimous opinions that the two accused are not guilty of murder.

I cannot concur with their opinions. Their opinions can only be accepted if one takes the view that the confessions were false, fabricated and forced. For the same reasons I gave in my ruling at the trial within a trial, I cannot agree.

I do not accept that the accused were assaulted and oppressed. Nor do I accept that the police made up the confessions to falsely frame the accused. I am satisfied beyond reasonable doubt that the accused each told the police false, partly exculpatory statements at first to exonerate themselves. Then, faced with the documentary evidence and the knowledge of the nature of the investigations they each decided to confess. I accept the evidence of Dr. Rickets, Mr. Nand Singh and the police witnesses in this regard.

The confessions constitute a complete admission to the murder of Ashok Kumar which is entirely consistent with the other evidence in this case, in particular the post-mortem report, and the way the body was found. The discrepancies in time referred to by the defence are quite understandable because of the lapse of time between the death and the interviews.

I reject the evidence of the two accused. Not only did their evidence lack credibility as to their conduct, but the demeanour and manner of the two accused left me with no doubt that I could not put any reliance on their evidence.

I am satisfied beyond reasonable doubt that the 1st accused killed Ashok Kumar with malice aforethought with the intention of benefiting from his insurance policy. I am satisfied beyond reasonable doubt that the 2nd accused actively assisted the 1st accused to kill Ashok Kumar with full knowledge of the plan and the murder.

For these reasons, I find both accused guilty of murder as charged and convict them accordingly.

Nazhat Shameem
JUDGE

At Suva
24th March 2004