State v Tuiyanawai [2005] FJHC 134; HAC0022Y.2004S (16 June 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0022 of 2004S

STATE

v.

SAMISONI TUIYANAWAI;
SEMISI WAINIQOLO;
SOLOMONE BOINI; and
MOSESE YACO

Hearing: 15th June 2005
Ruling: 16th June 2005

Counsel: Mr. W. Kuruisaqila for State
All Accused in Person

RULING

The 4th Accused now applies for separate trial. I set out the law on joint and separate trials in my ruling yesterday, in respect of the 1st and 2nd Accused. The same principles apply here.

Although the 4th Accused is not alleged to be a principal offender, the prosecution will argue that he participated in the same robbery as the other accused. That allows him to be joined with the others under section 121(a) of the Criminal Procedure Code. I see no prejudice to him in a joint trial, which cannot be cured by strong directions to the assessors.

His application is refused.

Nazhat Shameem
Judge

At Suva
16th June 2005