State v Shaw [2012] FJHC 33; HAC001.2009 (23 January 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 001 OF 2009

BETWEEN:

STATE

AND:

1. TRACY B. SHAW
[First Accused]

2. VARASIKO TUWAI
[Second Accused]

Mr F. Lacanivalu (with Mr T. Qalinauci) for the State
Mr T. Terere (LAC) for the first accused
Mr A. J. Singh (LAC) for the second accused

Date of Hearing : 16th January – 20th January 2012, 23rd January 2012.
Date of Summing Up: 23rd January, 2012.
Date of Judgment : 23rd January, 2012.

JUDGMENT

[1] Tracy Bernadette Shaw and Varasiko Tuwai you are charged with one count which reads:

Statement of Offence

MURDER: Contrary to Section 199 and 200 of the Penal Code, Cap 17.

Particulars of Offence

TRACY SHAW and VARASIKO TUWAI, on the 17th day of December 2008, between Cuvu and Ciri, at Sigatoka in the Western Division, murdered MOHAMMED NASIR s/o SHER MOHAMMED.

[2] You have been found guilty in the unanimous opinion of the three Assessors and in directing myself on my own summing up I concur. I find you each guilty of murder and I convict you both accordingly.

[3] That is the Judgment of the Court.

Dated at Lautoka this 23rd day of January, 2012.

P. K Madigan
JUDGE