State v Naitini [2010] FJHC 499; HAC013.2009 (12 November 2010)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 013 OF 2009

BETWEEN:

STATE

PROSECUTION

AND:

1. KILIONI NAITINI
2. ORISI RAOGO
3. INOKE VUETIVITI
4. SOLOVENI TABANIDALO
ACCUSED

Counsel: State - Mr. Kaisamy
4th Accused - In Person

Date of Ruling: 12 November 2010

RULING ON VOIR DIRE

The 4th accused is charged with 3 others of one count of Manslaughter and of one count of Robbery with Violence.

The 1st, 2nd and 3rd Accused persons pleaded guilty to the charges and trial commenced against the 4th Accused, on 9th November 2010. Before the witness who recorded the accused caution interview statement was called to give evidence and as the 4th Accused is unrepresented, he was explained about the admissibility of caution interview statement and the voluntariness of making the statement.

4th Accused who is on trial and unrepresented, objected to the caution interview statement being admitted in evidence stating that he was forced to give the statement by police. Further, he said that police got all information from the other accused persons when they were arrested, and forced him to admit. He was punched on his chest and back by the officer who recorded his statement, he said.

Therefore, the trial within the trial commenced on 10/11/2010.

Accused said that he admit, that the charge statement was made voluntarily and there was no threat, force, inducement made.

The prosecution has the burden of proving the voluntariness of making the caution interview statement by accused. All confessions made to persons in authority must be shown by the prosecution to be voluntary. The burden is on the prosecution to prove that there was no assault, no inducement, no threat and no oppression. Prosecution has to prove the voluntariness beyond reasonable doubt.

Prosecution called the Interviewing Officer, Detective Corporal 3507 Jone Toga to give evidence. He said that he recorded the caution interview statement of the accused. He said that he gave the accused his rights. Accused gave the statement voluntarily. He never forced him. He never assaulted him. Accused signed the statement voluntarily. He further said that the accused complained to him that the accused was not well. He therefore filled the medical form and took accused to the hospital for medical examination. Doctor gave him some pills and according to the medical report, accused was fit to continue with his statement he said. He further said accused agreed to continue with the recording of the statement.

Answering the question put to him by the accused, he said that looking at his eyes he felt that the accused was not feeling well and that's why he took the accused to the hospital. He denied having assaulted or threatened the accused. He didn't see any physical injuries on accused. In cross-examination accused submitted his medical report and questioned the witness.

Accused gave sworn evidence and said that the officer who recorded the interview told him to make things easier to him and if not he would do something that he never dreamed of. The officer forced him to admit committing the offence.

He was threatened that he would get injured if he didn't admit. Interview was suspended to get the files of the other 3 accused from Labasa. When he said that he didn't know anything about the case he was punched. When he asked him to take him to hospital, Officer Jone Toga had told him, if he admits he would take him to hospital. He said he had pain in his back and chest. He was further threatened of getting injured. The officer wanted him to admit because other 3 accused have given his name, he said.

In cross-examination he admitted that he told the truth to the doctor. He further said Doctor has not lied in his report.

Having heard the evidence of both prosecution and the accused, I accept the evidence of the witness Police Officer Jone Toga, that the accused made his cautioned interview statement voluntarily. Further I accept his version that there was no threat or force used. Accused admitted that he told the Doctor the truth.

Further he admitted that the doctor has not lied in his report. According to the medical report, the doctor himself has written in page 2, on the history as released by the accused, that the accused was assaulted in Suva when he was arrested. The medical report was produced by the accused himself. I find that the accused is trying to use the medical report to mislead Court and to show that he was assaulted by Officer Jone Toga in Savusavu Police Station, when he himself had told the doctor that he was assaulted at Suva.

I further consider the demeanour of the police officer Jone Toga to be honest and forthright. I find that it is proved beyond reasonable doubt that the accused was not assaulted, not forced or threatened by police officers and that the caution interview statement was made voluntarily by the accused.

I find the caution interview statement admissible.

Priyantha Fernando
Judge

At Labasa
12 November 2010