State v Turaganikeli [2010] FJHC 49; HAC006.2009J (19 February 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 006 OF 2009J

STATE

V

KEASI TURAGANIKELI

Counsels: Ms. S. Tagivakatini and Ms. S. Puamau for the State
Ms. S. Vaniqi for the Accused

Hearing: 15th, 16th and 17th February, 2010
Summing Up: 19th February, 2010
Judgment: 19th February, 2010

JUDGMENT

1. Following a trial lasting three days, the assessors have returned with a mixed verdict on the charge of "manslaughter", contained in the information. Assessors No. 1 and 3 have found the accused not guilty as charged; while Assessor No.2 has found the accused guilty as charged.

2. I have reviewed the evidence called in this trial, and I have directed myself in accordance with the summing up I gave the assessors today. Obviously, Assessors No.1 and 3 were not satisfied beyond reasonable doubt of the prosecution’s version of events that, the accused, when he punched the deceased on 18th December 2008, in Nausori Town, was not acting in self-defence. It was open to them to reach such a conclusion on the evidence.

3. Assessor No.2 obviously was satisfied beyond reasonable doubt of the prosecution’s version of events that, when the accused punched the deceased on 18th December 2008, in Nausori Town, he was not acting in self defence. It was also open to him to reach such conclusion on the evidence.

4. The majority verdict and the minority verdict were not perverse. The majority and minority verdicts were possible conclusions on the evidence. However, I accept the majority verdict, and I find the accused not guilty as charged, and I acquit him accordingly.

Salesi Temo
ACTING JUDGE

At Suva
19th February, 2010