State v Bureta - Judgment [2015] FJHC 356; HAC022.2014LAB (12 May 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 022 OF 2014 LAB

STATE

V

EPELI BURETA

Counsels: Mr. L. Fotofili for State
Mr. M. Fesaitu and Ms. S. Dunn for Accused

Hearing: 11 May, 2015
Summing Up: 12 May, 2015
Judgment: 12 May, 2015

JUDGMENT

1. The two assessors have returned with a unanimous guilty verdict against the accused on rape (count no. 1) and sexual assault (count no. 2).

2. Obviously the two assessors had accepted the prosecution's version of events. It follows that they had accepted the complainant's version of events and had rejected the accused's denials.

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 verdict of the assessors was not perverse. It was open to them to reach such conclusion on the evidence.

5. Assessors are there to assist the trial judge come to a conclusion on the guilt or otherwise of the accused. I accept the two assessors' opinions. I accept the complainant's evidence and found her to be a credible witness and I accept her version of events. I reject the accused's denial on the charges. To me, he was not credible and therefore do not accept his denial of count no. 1 and 2.

6. Given the above, I find the accused Guilty as Charged on both counts and I convict him accordingly on those counts.

7. Assessors thanked and released.

SalesiTemo
JUDGE

Solicitor for the State: Office of the Director of Public Prosecution, Labasa
Solicitor for the Accused: Legal Aid Commission, Labasa