Mateiwai v State [2012] FJHC 1459; HAC162.2011 (3 December 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 162 OF 2011

BETWEEN:

STATE

AND:

JESE MATEIWAI
JOSUA NASAUVINAKA
SOLOMONI NACOLAINIMA
MARIKA TUMAINAKAUVADRA

Counsel : Mr. Babitu for the State
Mr. Anil Singh for the 1st Accused
Mr. E. Inia for the 2nd Accused
Mr. T. Lee for the 3rd and 4th Accused

Date of Judgment : 3 December 2012

JUDGMENT

[1] All four Accused persons above named were charged with one count of Manslaughter punishable under Section 239 of the Crimes Decree.

[2] Trial commenced on the 14th November 2012 and concluded on 30th instant.

[3] After the trial was concluded the assessors have returned with a unanimous verdict of not guilty against all four Accused persons.

[4] I adjourned over the weekend to consider my judgment.

[5] I have reviewed the evidence called in the trial and I have directed myself in accordance with the summing up I gave the assessors. I find that the verdict of the assessors was not perverse. It was open to them to reach a conclusion on the evidence. I accept their verdict.

[6] After carefully considering the evidence led by the Prosecution and the evidence of the Accused persons I find that the Prosecution had not proved the case beyond reasonable doubt.

[7] Considering all I find all Accused persons not guilty as charged and acquit them accordingly.

[8] So ordered.

S. Thurairaja
Judge

At Lautoka
3rd December 2012

Solicitors: The Office of the Director of Public Prosecution for State

Anil Singh Lawyers for the 1st Accused
The Office of the Legal Aid Commission for 3rd and 4th Accused.