State v Ratoa [2012] FJHC 918; HAC173.2010S (17 February 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 173 OF 2010S

STATE

vs

VILIAME RATOA

Counsels: Ms. A. Lomani for State
Mr. S. Waqainabete and Mr. N. Sharma for Accused
Hearings: 13th to 16th February, 2012
Summing Up: 17th February, 2012
Judgment: 17th February, 2012

JUDGMENT

1. The assessors have returned with a unanimous opinion that Viliame Ratoa is guilty of the manslaughter of Kinisimere Wati, contrary to section 239(a)(b)(c)(ii) of the Crimes Decree 2009.
   
2. Obviously, the assessors have accepted the prosecution's version of events
   
3. I have reviewed the evidence called in this trial and I have directed myself in accordance with the Summing Up I gave the assessors today. The opinions of the three assessors were not perverse. It was open to them to reach such conclusion on the evidence. I accept their opinions and I find the accused guilty as charged and I convict him accordingly.
   

Salesi Temo
JUDGE

Solicitor for the State: Office of Director of Public Prosecutions, Suva
Solicitor for Accused: Legal Aid Commission, Suva