State v Alifereti [2008] FJHC 224; HAC0018 & 0040.2008 (15 September 2008)

IN THE HIGH COURT OF FIJI

AT SUVA

CRIMINAL JURISDICTION

Criminal Case No. HAC 0018 & 0040 of 2008

BETWEEN:

THE STATE

AND:

PITA KONI ALIFERETI
PELI KETE DOVIYAROI

Ms A. Driu and Ms. S. Puamau for the State
Mr. S. Leweniqila for Pita Koni Alifereti
Mr. H. Rabuku for Peli Kete Doviyaroi & Josefa Tapele

Date of Judgment: 15 September 2008

JUDGMENT

1. I have carefully considered the unanimous verdicts of Guilty against both Pita Koni Alifereti and Peli Kete Doviyaroi, by the five assessors. I have reviewed them in the context of the summing up I gave and the totality of the evidence adduced by both the prosecution and the defence in this trial.
   
2. I am satisfied that the verdicts of the assessors are supportable on the evidence and the relevant law applicable in this case.
   
3. I therefore accept the verdicts of the assessors against Pita Koni Alifereti. I find Pita Koni Alifereti guilty as charged in Counts 3, 5 and 7 in the Information. I convict him accordingly for each of those counts.
   
4. I also accept the verdicts of the assessors against Peli Kete Doviyaroi. I therefore find Peli Kete Doviyaroi guilty as charged in Count 4 of the Information. I convict him accordingly.
   
5. As regards sentencing, I will deliver sentence on Wednesday 17 September 2008 at 10 am. Defence counsels are to file submission in mitigation no later than 4pm on Tuesday 16 September 2008.
   

Isikeli Mataitoga
JUDGE

At Suva
15 September 2008