State v Fraser [2010] FJHC 124; HAC118.2006 (14 April 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 118 OF 2006

STATE

V

JACK ANTHONY FRASER

Miss I. Whippy with Miss L. Vateitei for the State
Mr. H.A. Shah for the Accused

Date of Hearing: 29 March – 14 April 2010
Date of Judgment: 14 April 2010

JUDGMENT

[1] You have been found not guilty of murder by the unanimous opinions of three assessors. Having directed myself on my own summing up, I find that I cannot agree with the assessors.

[2] You confessed to this murder in a statement under caution which I found in voir dire proceedings to be voluntarily and freely given without oppression. A lot of other evidence before the Court confirmed what you said in that statement. For example witnesses confirmed what you said about dealing with evidence of the crime after the murder at Natabua seaside – independent witnesses saw your vehicle at the murder scene at the time you said you were there.

[3] You say that you were very drunk and high on drugs when you stabbed the deceased, however it had always been your intention to kill him after you were promised $20,000 to do so. You knew that by stabbing him twice you were going to at least cause him very serious harm, therefore satisfying the element of malice aforethought.

[4] I have earlier found that your statement was not generated by oppression or assaults; it was given in the presence of your wife so that you could get things off your chest and I believe the confession you have made to be true.

[5] I am satisfied beyond reasonable doubt that your confession is true. The case against you is overwhelming. It is therefore the judgment of the Court that you are guilty of the offence and you are accordingly convicted.

Paul K. Madigan
Judge

At Lautoka
14 April 2010