State v Namado - Judgment [2012] FJHC 1171; HAC094.2010S (4 June 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 094 OF 2010S

STATE

vs

ILIESA NAMADO

Counsels : Mr. L. Sovau for State
Mr. T. Muloilagi for Accused
Hearings : 29th to 31st May and 1st June, 2012
Summing Up : 4th June, 2012
Judgment : 4th June, 2012

JUDGMENT

1. The three assessors have returned with a unanimous verdict of guilty as charged for the accused on the 3 counts of indecent assault and the rape count.
   
2. Obviously, the assessors have accepted the prosecution's version of events and have rejected the defence's version of events. They appear to be satisfied beyond reasonable doubt of the accused's guilt on the four counts.
   
3. I have reviewed the evidence in this trial and I have directed myself in accordance with the Summing Up I gave the assessors today. The assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.
   
4. I agree with the three assessors and I find the accused guilty as charged on all four counts and I convict him accordingly on those counts.
   
5. Assessors thanked and released.
   

Salesi Temo
JUDGE

Solicitor for the State : Office of Director of Public Prosecutions, Suva
Solicitor for Accused : Mr. T. Muloilagi, Barrister & Solicitor, Suva.