State v Gonedau - Judgment [2013] FJHC 78; HAC014.2012 (26 February 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC014 of 2012

BETWEEN:

THE STATE

AND:

TAITUSI GONEDAU

Counsel : Mr. J. Niudamu with Mr. M. Maitava for the State
Mr. N. Sharma (L.A.C.) for the accused

Dates of trial : 25 and 26 February 2013
Date of Summing up : 26 February 2013
Date of Judgment : 26 February 2013

JUDGMENT

[1] You have been charged with the following two offences:

COUNT 1

Statement of Offence

INDECENT ASSAULT: Contrary to section 212(1) of the Crimes Decree, 2009.

Particulars of Offence

TAITUSI GONEDAU on the 3rd day of January 2012, at Nabua in the Central Division, unlawfully and indecently assaulted KASANITA KUBUNAMECA.

COUNT 2

Statement of Offence

RAPE: Contrary to section 207(1) and (2)(a) of the Crimes Decree, 2009.

Particulars of Offence

TAITUSI GONEDAU on the 4th day of January 2012, at Nabua in the Central Division, penetrated the vagina of KASANITA KUBUNAMECA with his penis, without her consent.

[2] In the unanimous opinion of three assessors you have been found guilty of both offences. In directing myself on my own summing up, I must agree with the assessors. The issue at trial was one of consent and it is the credibility of both the complainant and the accused in dispute. It is not for the Court to contradict the unanimous opinion of three mature assessors. I find you guilty of both offences and convict you accordingly.

[3] That is the judgment of the Court.

Paul K. Madigan
JUDGE

At Suva
26 February 2013