State v Laganikoro [2013] FJHC 717; HAC014.2013 (26 July 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 014 OF 2013

STATE

v

1. JALE LAGANIKORO
2. KOLAIA BUCALEVU

Counsels : Mr. F Lacanivalu for the State
Both Accused in Person

Date of Trial : 22 July – 26 July 2013
Date of Judgment : 26 July 2013

JUDGMENT

1. Trial commenced on the 22nd July 2013 and concluded on the 26th July 2013. All three assessors unanimously found each Accused guilty on count of Rape against him.

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 concur their verdict. Considering all, I find both Accused guilty as charged.

5. Accordingly, I convict KOLAIA BUCALEVU for count of Rape punishable under Section 207 (1) and (2) (a) of the Crimes Decree No. 44 of 2009 and JALE LAGANIKORO for count of Rape punishable under Section 207 (1) and (2) (a) of the Crimes Decree No. 44 of 2009.

Sudharshana De Silva
JUDGE

At Lautoka
26 July 2013

Solicitors for the State: Office of the Director of Public Prosecution, Lautoka
Solicitors for the Accused: Both in Person