State v Salagi [2010] FJHC 130; HAC043.2009 (15 April 2010)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC043 OF 2009

STATE

V

BENI BALEIMUALEVU SALAGI

Counsel: Ms S. Bull for State
Mr. T. Lee for Accused

Hearing: 12th-14th April 2010
Judgment: 15th April 2010

JUDGMENT

[1] The assessors have given their unanimous opinions that the accused person is guilty of murder as charged. I direct myself in accordance with my summing up and the evidence adduced at the trial. I find the assessors’ opinions of guilty of murder are against the weight of compelling and unchallenged medical evidence adduced at the trial that the accused person at the time of committing the offence, was harbouring under a defect of reason, from disease of the mind, as not to know what he did was wrong.

[2] I accept that the accused, who undoubtedly killed his daughter, did so whilst insane. I reject the opinions of guilty by the assessors. I find the accused not guilty by reason of insanity.

[3] I therefore order, pursuant to section 105 of the Criminal Procedure Decree that Beni Baleimualevu Salagi be held in the custody of the St. Giles Hospital until such time as His Excellency the President orders his confinement in a place of safe custody. A report of this case and its findings will be sent to His Excellency forthwith together with a copy of my summing up and judgment.

Daniel Goundar
JUDGE

At Labasa
15th April 2010

Solicitors:

Office of the Director of Public Prosecutions for State
Office of the Legal Aid Commission for Accused