State v Nailati [2013] FJHC 257; HAC212.2011 (3 May 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 212 OF 2012

BETWEEN:

STATE

AND:

BOKINI NAILATI

Counsel : Mr S. Babitu for the State
Ms. Sharma for the Accused

Date of Judgment : 03rd May 2013

JUDGMENT

[1] Trial commenced on the 30th April 2013 and concluded on the 3rd May 2013. All three assessors unanimously found the Accused guilty on all four counts of Indecent Assault.

[2] I direct myself in accordance with the law and the evidence which I discussed in my Summing Up to the assessors.

[3] Considering the nature of the evidence before the court I am convinced that the prosecution had proved the case beyond reasonable doubt.

[4] I find the verdict of the assessors were not perverse. It was open to them to reach such a conclusion on the evidence. I conquer their verdict. Considering all I find the Accused guilty as charged.

[5] Accordingly I convict Bokini Nailati for three counts of indecent assault punishable under Section 154(1) of the Penal Code and one count of indecent assault punishable under Section 212(1) of the Crimes Decree.

S. Thurairaja
Judge

At Lautoka
03rd May 2013

Solicitors: The Office of the Director of Public Prosecution for State
Legal Aid Commission for Accused