State v Hussain - Judgment [2015] FJHC 159; HAC248.2013S (5 March 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 248 OF 2013S

STATE

vs

MUBARAK HUSSAIN

Counsels : Ms. A. Vavadakua for State
Accused in Person
Hearings : 2, 3 and 4 March, 2015
Summing Up : 5 March, 2015
Judgment : 5 March, 2015

JUDGMENT

1. The assessors have returned with a unanimous guilty verdict against the accused on count no. 1 [burglary], count no. 2 [rape], and count no. 3 [rape].
   
2. On count no. 4 [sexual assault], assessors no. 1 and 2 have found the accused guilty as charged, while assessor no. 3 had found the accused not guilty as charged.
   
3. On count no. 1, 2 and 3, the three assessors had accepted the prosecution's version of events and thus had found the accused guilty as charged on those counts.
   
4. On count no. 4, the majority had accepted the prosecution's version of events and thus had found the accused guilty as charged.
   
5. 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.
   
6. The verdict of the assessors was not perverse. It was open to them to reach such conclusion on the evidence.
   
7. Assessors are there to assist the trial judge come to a decision, on the guilt or otherwise of the accused.
   
8. On count no. 1, 2 and 3, I agree with the unanimous opinion of the three assessors. I accept the complainant's evidence. She was a credible witness. I also accept the police officer's evidence. They were credible witnesses. I accept and find that the accused gave his confession out of his own free will and I accept his confession. I reject his denials. His denials were not credible. He never complained to the Magistrate on 3.6.13 of any police misbehavior, while in their custody.
   
9. On count no. 4, I accept the majority decision. I find the prosecution's witnesses evidence credible.
   
10. Given the above, on count no. 1, 2, 3 and 4, I find the accused guilty as charged and I convict him accordingly on those counts.
    
11. Assessors thanked and released.
    

Salesi Temo
JUDGE

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