State v Makrava - Judgment [2012] FJHC 1282; HAC98.2011 (16 August 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No. HAC 98 of 2011

BETWEEN:

STATE

AND:

FILIPE MAKRAVA
1st Accused

PETERO JOPE RAVAI
2nd Accused

BEFORE: MR. JUSTICE P. K. MADIGAN

COUNSEL: Mr. A. Singh with Ms T. Leweni for the State
Mr. D. Toganivalu for the First Accused
Mr. S. Waqainabete for the Second Accused

DATES OF HEARING: 13, 14, and 15 August 2012

DATE OF SUMMING UP: 16th August 2012
DATE OF JUDGMENT: 16th August 2012

JUDGMENT

[1] PETERO JOPE RAVAI and FILIPE MAKRAVA, you are charged with the following offences:

FIRST COUNT

Statement of Offence

RAPE: Contrary to Section 207 [1][2] of the Crimes Decree 44 of 2009.

Particulars of Offence

FILIPE MAKRAVA on the 12th day of January 2011 at Rotuma in the Southern Division had carnal knowledge of one MAKARITE MATAFORAU RAVAI without her consent.

SECOND COUNT

Statement of Offence

AIDING AND ABETTING: Contrary to Section 45[1][2] and Section 207[1][2][a] of the Crimes Decree 44 of 2009.

Particulars of Offence

PETERO JOPE RAVAI on the 12th day of January 2011 at Rotuma in the Southern Division aided and abetted Filipe Makrava to have carnal knowledge of one Makarite Maraforau Ravai without her consent.

[2] The panel of three assessors have found you not guilty by a majority of 2:1. In directing myself on my own summing up I agree with that majority verdict and find each of you not guilty of the offences you are charged with.

[3] You are acquitted and discharged.

Paul K. Madigan
Judge

At Suva
16 August, 2012