State v Batimudramudra [2015] FJHC 492; HAC115.2013S (2 July 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 115 OF 2013S

STATE

vs

JALESI BATIMUDRAMUDRA

Counsels : Mr. T. Qalinauci for State
Accused in Person
Hearings : 29 and 30 June, and 1 July, 2015
Summing Up : 2 July, 2015
Judgment : 2 July, 2015

JUDGMENT

1. The three assessors had returned with an unanimous guilty opinion on the accused on Count No. 1 and 2.
   
2. Obviously, the assessors had accepted the prosecution's version of events. It would appear that they had accepted the accused's confession, and held the same to be true. It would also appear that they had accepted the circumstantial evidence arising from the discovery of the complainant's stolen items at the accused's residence.
   
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. Assessors are there to assist the trial judge come to a conclusion on the guilt or otherwise of the accused. I agree with the unanimous opinion of the assessors. I accept the accused's confession. I accept he gave it voluntarily and it was the truth. I accept the circumstantial evidence arising from the discovery of the complainant's stolen properties in the accused's home.
   
5. Given the above, I find the accused guilty as charged on both counts and I convict him accordingly.
   
6. 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.