State v Rokovesa [2015] FJHC 175; HAC32.2014 (12 March 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: 32 OF 2014

STATE

-v-

MATEO ROKOVESA

Counsels : Mr. F. Lacanivalu for the State
Mr. P. Tawake for the Accused
Date of Trial : 10 March 2015 to 11 March 2015
Date of Summing Up: 12 March 2015
Date of Judgment : 12 March 2015

(Name of the complainant suppressed she is referred to as TA)

JUDGMENT

1. The Accused is charged under following count:
   

First Count

Statement of Offence

RAPE: Contrary to Section 207 (1) and (2) (a) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

Mateo Rokovesa on the 3rd day of March 2014 at Waica Settlement, Taveuni, in the Northern Division, had carnal knowledge of TA without her consent.

2. The three assessors unanimously found accused Guilty of the count against him.
   
3. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the assessors.
   
4. Considering the nature of the evidence before the court, I am convinced that the prosecution had proved the case beyond reasonable doubt.
   
5. Prosecution case was based on the evidence of the complainant. She was 17 years old at the time of the incident. The accused is her uncle. The complainant had visited the house of the accused on 28.2.2014. On 3.3.2014 around 6.30 a.m. the accused and the complainant were the only persons at the house. The accused had come on the bed where the complainant was sleeping. He had sexual intercourse with the complainant without consent. The accused had grabbed her and hold her and the complainant could not move. She had not screamed as she was frightened that the accused will hurt her or kill her. The complainant informed her aunt the following day. The matter was reported on 24.3.2014. Aunt's evidence is consistent with the conduct of the complainant after the incident. Doctor is of the opinion that medical findings are consistent with penile penetration. The accused in his charge statement had admitted the offence.
   
6. I reject the version of accused that the complainant gave consent to the sexual intercourse. The evidence given by the accused is highly improbable and inconsistent.
   
7. I am satisfied that evidence is sufficient to establish the guilt of the accused beyond reasonable doubt.
   
8. In my view, the assessor's opinion was not perverse. It was open for them to reach such conclusion on the evidence. I concur with the opinion of the assessors.
   
9. I find all accused Guilty as charged on the count of Rape contrary to Section 207 (1) and (2) (a) of the Crimes Decree and convict him for the count against him.
   

10. This is the Judgment of the Court.

Sudharshana De Silva
JUDGE

At Labasa
12th March 2015
Solicitors: Office of the Director of Public Prosecution for the State
Office of the Legal Aid Commission for all the Accused