State v Tegu [2010] FJHC 490; HAC024.2010 (3 November 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 024 OF 2006S

STATE

V

VAIONE TEGU

Counsels: Mr. S. Vodokisolomolone for the State
Ms. S. Vaniqi for the Accused
Hearings: 18th to 29th October, 2010
Summing Up: 3rd November, 2010
Judgment: 3rd November, 2010

JUDGMENT

1. Following a trial lasting approximately 8 days, the three assessors have returned with an unanimous verdict of guilty of "murder", contrary to sections 199 and 200 of the Penal Code, Chapter 17, for Vaione Tegu.

2. I have reviewed the evidence called in the trial, and I have directed myself in accordance with the summing up, I gave the assessors today. I find that the verdict of the assessors was not perverse. It was open to them to reach such conclusion, on the evidence. I accept their verdict.

3. Obviously, the assessors accepted the prosecution's version of events. They accepted that when Vaione punched, kicked and stomped on Sairusi Seganaluvena on 27th May 2006, he committed multiple "unlawful acts". They accepted that those "unlawful acts" caused Sairusi to be severely injured in the brain, resulting in his death on 28th May 2006. They also accepted that, at the time Vaione committed those "unlawful acts", he had the intent to kill or seriously harm Sairusi Seganaluvena. This was so, despite the fact that Vaione was seriously drunk, at the time.

4. The assessors having found Vaione Tegu guilty as charged on murder, and the court agreeing with the same, I formally find Vaione Tegu guilty of murdering Sairusi Seganaluvena on 27th May 2006, at Navua in the Central Division, and I convict him accordingly.

Salesi Temo
ACTING JUDGE

AT Suva
3rd November 2010