State v Baleinabodua - Judgment [2012] FJHC 979; HAC045.2010 (2 March 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 145 OF 2010S

STATE

vs

1. ANASA BALEINABODUA
2. TEVITA SERU
   

Counsels : Mr. L. Fotofili for State
Mr. S. Waqainabete for Accused No. 1
Mr. A. Vakloloma and Mr. H. Rabuku for Accused No. 2
Hearings : 20th to 29th February, 2012
Summing Up : 2nd March, 2012
Judgment : 2nd March, 2012

JUDGMENT

1. The assessors, after deliberating on the case, have returned a unanimous opinion of guilty as charged for both accused No. 1 and 2, on all the counts they were charged with.
   
2. Obviously, the assessors have unanimously accepted the prosecution's version of events, on all the counts.
   
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 assessors' unanimous verdict was not perverse. It was open to them to reach such conclusion on the evidence. I accept the unanimous opinions of the three assessors and I find accused No. 1 guilty as charged on counts No. 1, 2 and 6. I also find accused No. 2 guilty as charged on counts No. 3, 4, 5 and 6.
   
4. I convict both accuseds on the counts they have been found guilty of.
   

Salesi Temo
JUDGE

Solicitor for the State : Office of Director of Public Prosecutions, Suva
Solicitor for Accused No. 1 : Legal Aid Commission, Suva
Solicitor for Accused No. 2 : A. Vakaloloma, Barrister & Solicitor, Suva