State v Nadruguca [2005] FJHC 31; HAC0030D.2004S (21 February 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0030 OF 2004s

STATE

v.

SAVENACA NADRUGUCA

Hearing: 21st February 2005
Ruling: 21st February 2005

Counsel: Ms L. Chandra with Ms N. Tikoisuva for State
Accused in Person

RULING

This is an application for special arrangement to accommodate the child witnesses in this case. One is 8 years old, the other 15.

The court has a duty to ensure that the accused has a fair trial, but also that all witnesses have equal access to justice. In considering the latter, the court has a duty to consider the particular vulnerabilities of witnesses.

Children are in such a vulnerable class. The courtroom and its formality may not be the best mechanism to hear the evidence of children. Indeed many overseas jurisdictions now use closed circuit television to hear the evidence of children, so they never set foot in the courtroom. Perhaps Fiji, in the near future can consider such a step.

For the evidence today I consider that the following steps should be taken to ensure that we hear the evidence of the children without prejudice to the accused’s right to a fair trial:

1. The court will be closed in accordance with the Juveniles Act;
   
2. The media is barred from reporting the victim’s name and address and the name and address of any child witnesses;
   
3. The screen will be used to screen the accused from the witness;
   
4. There will be no wigs and gowns and I will sit at the clerk’s table. All are to remain seated for the evidence of the children.
   

I rule accordingly.

Nazhat Shameem
JUDGE

At Suva
21st February 2005