State v Saqanaivalu - Judgment [2011] FJHC 488; HAC107.2010 (31 August 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC107 of 2010

STATE

v.

JONE NAQIO SAQANAIVALU

Hearing: 29 & 31 August 2011
Judgment: 31 August 2011

Counsel: Ms J. Prasad & Ms N. Tikoisuva for State
Ms N. Nawasaitoga for Accused

JUDGMENT

[1] The assessors have expressed unanimous opinions that the accused is not guilty of attempted rape as charged in the Information by the Director of Public Prosecutions.

[2] Clearly the assessors have not believed the complainant's evidence or that they have a reasonable doubt as to the guilt of the accused.

[3] I direct myself in accordance with the law and evidence contained in my summing up. I have no reason to disagree with the unanimous opinions of not guilty by the assessors.

[4] The judgment of this Court is that the accused is not guilty of the charge of attempted rape and he is acquitted of the charge accordingly.

Daniel Goundar
JUDGE

Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Legal Aid Commission for Accused