State v Naivana - Judgment [2014] FJHC 370; HAC293.2011S (27 May 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 293 OF 2011S

STATE

vs

SANAILA NAIVANA

Counsels : Mr. T. Qalinauci and Ms. M. Khan for the State
Mr. A. Vakaloloma for Accused
Hearings : 19 to 23 May, 2014
Summing Up : 27 May, 2014
Judgment : 27 May, 2014

JUDGMENT

1. The three assessors have returned with a unanimous guilty verdict against the accused on count no. 1 (aggravated burglary) and count no. 2 (theft).
   
2. Obviously, they have accepted the prosecution's version of events. In other words, they have accepted that, when caution interviewed by police on 10 September 2011, the accused made a confession to the police out of his own free will.
   
3. I have reviewed the evidence called in the trial and I have directed myself in accordance with the Summing Up I gave the assessors today.
   
4. The conclusion reached by the assessors was not perverse. It was open to them to reach such conclusion on the evidence.
   
5. I agree with the assessors' opinion and I accept them. I accept the prosecution's witnesses' evidence that the accused confessed to the crimes voluntarily when caution interviewed by police on 10 September 2011. I reject the accused's evidence that he did so involuntarily.
   
6. Given the above, I find the accused guilty as charged and convict him accordingly on counts no. 1 and 2.
   
7. Assessors thanked and released.
   

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Suva.

Solicitor for the Accused : Vakaloloma & Associates, Barristers & Solicitors, Suva.