State v Tubailagi [2012] FJHC 1366; HAC123.2011S (5 October 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 123 OF 2011S

STATE

vs

ANARE TUBAILAGI

Counsels : Ms. I. Whippy for State
Mr. T. Muloilagi for Accused
Hearings : 1st to 3rd October, 2012
Summing Up : 5th October, 2012
Judgment : 5th October, 2012

JUDGMENT

1. The 3 assessors have unanimously found the accused guilty of committing incest against his 21 year old daughter, on 31st May 2010, at Laucala Island in the Central Division, contrary to section 223 of the Crimes Decree 2009.
   
2. Obviously, the assessors have accepted the prosecution's version of events, which is fundamentally based on the complainant's evidence.
   
3. I have reviewed the evidence called in this trial and have directed myself in accordance with the Summing Up I gave the assessors today.
   
4. The verdict of the assessors was not perverse. It was open to them to reach such conclusion on the evidence. I accept the assessors' unanimous decision that the accused is guilty as charged. I find the accused guilty as charged and I convict him accordingly.
   
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 and Solicitor, Suva