State v Sovuna [2011] FJHC 750; HAC240.2010 (17 November 2011)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO: HAC. 240 OF 2010

BETWEEN:

STATE
PROSECUTION

AND:

SIMIONE SOVUNA
ACCUSED PERSON

Counsel: State - Ms. J. Cokanasiga
Accused - In person

Dates of Hearing: 14th and 15th November 2011

Date of Summing Up: 16th November 2011
Date of Judgment: 17th November 2011

JUDGMENT

[1] The assessors have expressed their unanimous opinion that the accused is guilty of the offence of Rape.

[2] I direct myself in accordance with the law and the evidence in my summing up.

[3] The evidence of the complainant was that she was sleeping and was woken up when she was hugged by the accused. The accused is her uncle. She identified him from the light which was on, in the adjoining kitchen. She said that the accused fondled her vagina and inserted his finger into her vagina. She then ran away to her brother's room.

[4] When she shouted and started running, her grandmother and aunt were woken up, she said.

[5] Her aunt, Alumita testified in court that the accused was sleeping near the victim and she was woken up by the cries of the victim. She also said that the accused stood up, took his flip flops and ran away.

[6] The accused testified that he hugged the victim thinking she was his wife. However, in cross examination he said that he knew that it was Litia, the victim. He denied inserting his finger into her vagina.

[7] The accused in his statement to the police had admitted that he inserted the finger into her vagina. I find that the caution interview statement was made voluntarily.

[8] I find that the evidence of the victim was truthful. I disbelieve the evidence of accused that he did not insert his finger into the vagina of Litia, the victim.

[9] It is evident that the victim shouted and ran away to the brother's room. The accused also admitted in evidence that the victim took his hand and threw it away when he hugged her. I find that the victim did not consent for the accused to insert his finger into her vagina and also that the accused knew she was not consenting.

[10] Therefore I find that all the elements of the offence of rape are proved by the prosecution beyond reasonable doubt.

[11] I agree with the unanimous opinion of the assessors that the accused is guilty of the offence of Rape as charged.

[12] I find the accused guilty as charged and convict him of the same.

Priyantha Fernando
Judge

At Suva
17th November 2011