State v Baleidreketi - Judgment [2015] FJHC 452; HAC058.2014LAB (19 June 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 058 OF 2014LAB

STATE

V

SAMUELA BALEIDREKETI

Counsels : Ms. A. Vavadakua for State
Ms. L. Raisua for Accused

Hearings : 17 and 18 June, 2015
Summing Up : 19 June, 2015
Judgment : 19 June, 2015

JUDGMENT

1. The assessors had returned with a unanimous verdict against the accused finding him guilty of raping the complainant between 19 and 20 June 2014 at Seaqaqa in the Northern Division.

2. Obviously, the three assessors had accepted the prosecution's version of events. It appeared they had found the complainant to be a credible witness and had accepted her version of events.
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 decision on the guilt or otherwise of the accused. I accept the unanimous opinion of the assessors. I accept the prosecution's version of events. I accept the complainant's evidence as credible and I accept her version of events. I reject the accused's denial. His evidence was not credible.

6. Given the above, I find the accused guilty as charged and I convict him accordingly.

7. Assessors thanked and released.

SalesiTemo
JUDGE

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