State v Volau - Judgment [2013] FJHC 95; HAC068.2011S (7 March 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 068 OF 2011S

STATE

vs

VILIKESA VOLAU

Counsels : Mr. Y. Prasad for State
Mr. S. Waqainabete for Accused
Hearings : 4th, 5th, and 6th March, 2013
Summing Up : 7th March, 2013
Judgment : 7th March, 2013

JUDGMENT

1. The three assessors have returned with an unanimous decision that the accused is guilty of raping the complainant, on 24.1.11, at Natauloa Village, Nairai, Contrary to Section 207(1)(2)(b) of the Crimes Decree 2009.
   
2. Obviously, the three assessors have accepted the prosecution's version of events and they are satisfied beyond reasonable doubt of the accused's guilt. They appear to accept the 14 year old female complainant's evidence, as opposed to the 49 year old accused's evidence.
   
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.
   
4. The verdict of the assessors was not perverse and it was open to them to reach such conclusion on the evidence. I agree with the three assessors and I find the accused Guilty as Charged and convict him accordingly.
   
5. Assessors thanked and released.
   

Salesi Temo
JUDGE

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