State v Prasad [2010] FJHC 202; HAC073.2006S (10 June 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 073 OF 2006S

STATE

vs

ROGER RAJ PRASAD

Counsels: Mr. J. Daurewa for the State
Mr. A. Singh for the Accused

Hearing: 31st May, 1st, 2nd, 3rd, 4th and 7th June 2010
Ruling : 10th June, 2010

RULING ON NO CASE TO ANSWER SUBMISSION

1. At the end of the prosecution’s case, the defence made a submission that there is no case to answer. The prosecution called 10 witnesses.

2. The court then heard both parties submissions. They were in writing, and also in oral form. At the end of the parties submissions, the court held there was a prima facie case against the defence, requiring them to be put to their defence, in accordance with section 231(2) of the Criminal Procedure Decree 2009. The court said, it would give its reason later.

3. This is the court’s reasons. The test in a no case to answer submissions was whether or not, there were some relevant and admissible evidence, direct or circumstantial, touching on all the elements of the offence: Sisa Kalisoqo v State, Criminal Appeal No. 52 of 1984; State v Mosese Tuisawau, Criminal Appeal No. 14 of 1990. In my view, after considering all the 10 prosecution’s witnesses evidence, I was of the view that, the evidence was such, that there was a prima facie case against the accused, requiring him to be put his defence. I then ruled accordingly.

Salesi Temo
ACTING JUDGE

AT Suva
10th June 2010