State v Bolavagone [2008] FJHC 159; HAC021.2006 (4 August 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 021 of 2006

STATE

v.

NIKO BOLAVAGONE

Counsel: Mr. A. Rayawa for State
Ms R. Senikuraciri for Accused

Re-direction on the request
of defence counsel

If you recall I directed you earlier about the evidence of S/Cpl. Koresi. He gave evidence that on the way to the police cells, the Accused told him sometime in April 2007, that he had not committed the offence, but had been present when the deceased was killed by two men, but that he had admitted the offence out of fear. This is denied by the Accused who said that no such conversation took place.

The questions for you are these. Firstly do you accept this evidence as being credible and reliable? If you do, then you may think that the accused has given a version of events which is inconsistent with both his alibi evidence and his caution statement. In other words that the Accused lied.

Before you can rely on the evidence as evidence strengthening the prosecution case and rebutting the alibi, you must ask yourselves the following questions:

1. Was this a deliberate lie?
2. Was it about a material issue in the case?
3. Did the Accused lie out of a consciousness of guilt or was it for some other reason for instance nervousness or fear?
   

It is only if you answer yes to each of these questions that you may take the evidence into account in considering the strength of the prosecution case.

Nazhat Shameem
JUDGE

At Suva
4th August 2008