State v Kaulawe [2011] FJHC 333; HAC073.2008 State v Kaulawe (7 June 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 073 OF 2008

STATE

vs

1. TEVITA KAULAWE
2. KALIVATI TABUA
3. NIKOTIMO RATUMAINABUKELEVU
4. MISIWENI VUILAMI
   

Mr. S. Qica for the State
First and Third Accused in Person
Second and Fourth Accused absent

Date of Hearing : 06 and 07 June 2011
Date of Judgment : 07 June 2011

JUDGMENT

[1] You are charged with:

FIRST COUNT

Statement of Offence

SACRILEGE: Contrary to section 298 of Penal Code, Cap. 17.

Particulars of Offence

TEVITA KAULAWE, KALIVATI TABUA, NIKOTIMO RATUMAINABUKELEVU and MISIWENI VUILAMI on the 10th day of May 2008, at Lautoka in the Western Division, broke and entered a place of divine worship namely Gangaiyaman Temple and stole therein 2 money box containing $70.00 cash and a radio valued at $120.00, to the total value of $190.00, the property of Gangaiyaman Temple.

SECOND COUNT

Statement of Offence

ARSON: Contrary to section 317(a) of the Penal Code, Cap. 17.

Particulars of Offence

TEVITA KAULAWE, KALIVATI TABUA, NIKOTIMO RATUMAINABUKELEVU and MISIWENI VUILAMI on the 10th day of May 2008, at Lautoka in the Western Division, willfully and unlawfully set fire to the Gangaiyaman Temple, causing damages to the building and its contents to the value of $80,000.00, the property of Gangaiyaman Temple.

2. Tevita Kaulawe, Nikotimo Ratumainabukelevu and Misiweni Vuilami, you have been found guilty on the unanimous opinion of three assessors of both of these counts.

3. In directing myself on my own Summing Up, I concur with the assessors and it is the judgment of this Court that you are guilty of both offences and convicted accordingly.

Paul K. Madigan
JUDGE
At Lautoka
7 June 2011