State v Laca [2012] FJHC 1430; HAC252.2011 (8 November 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 252 of 2011

BEFORE : HON. MR. JUSTICE PAUL K. MADIGAN

BETWEEN:

THE STATE

AND:

EPELI RATABACACA LACA

Counsel : Mr. L. Fotofili with Ms D. Kumar for the State
Mr. F. Vosarogo with Mr. S. Valenitabua
for the accused

Dates of Hearing : 1 – 7 November 2012
Date of Judgment : 8 November 2012

JUDGMENT

1. Epeli Ratabacaca Laca, you have been charged with the following offences:
   

Count 1

Statement of Offence

SEXUAL ASSAULT: Contrary to section 210(1)(a) of the Crimes Decree 2009.

Particulars of Offence

EPELI LACA RATABACACA on the 22nd day of June 2011 at Sports City, Raiwai, in the Central Division, unlawfully and indecently assaulted SEINI ADIDAMU.

Count 2

Statement of Offence

RAPE: Contrary to sections 207(1) and 207(2)(b) of the Crimes Decree 2009.

Particulars of Offence

EPELI LACA RATABACACA on the 22nd day of June 2011 at Sports City, Raiwai, in the Central Division, penetrated the vagina of SEINI ADIDAMU with his 2 fingers without her consent.

Count 3

Statement of Offence

RAPE: Contrary to sections 207(1) and 207(2)(a) of the Crimes Decree 2009.

Particulars of Offence

EPELI LACA RATABACACA on the 22nd day of June 2011 at Sports City, Raiwai, in the Central Division, had carnal knowledge of SEINI ADIDAMU without her consent.

2. On the first count of sexual assault, you have been found guilty in the majority opinion of the assessors.

3. On the two counts of rape you have been found not guilty in the unanimous opinion of the three assessors.

4. In acknowledging the majority opinion of the assessors, and on directing myself on my own summing up, I find you guilty of the offence of sexual assault. I concur with the assessors and find you not guilty of the two rape counts. On those counts you are acquitted and discharged.

5. In respect of the sexual assault count you are convicted as charged.

6. That is the judgment of the Court.

Paul K. Madigan
JUDGE

At Suva
8 November 2012