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State v Narayan - Judgment [2015] FJHC 586; HAC166.2013S (13 August 2015)
IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 166 OF 2013S
STATE
vs
NARESH NARAYAN
Counsels : Mr. M. Delaney and Mr. M. Vosawale for State
Mr. J. Waqainabete and Ms. S. Prakash for Accused
Hearings : 3 to 7, 10 and 11 August, 2015
Summing Up : 13 August, 2015
Judgment : 13 August, 2015
JUDGMENT
- The four assessors have returned with a unanimous guilty verdict against the accused on the two arson charges (counts no. 1 and 2)
and the 3 murder charges (counts no. 3,4 and 5).
- Obviously, the four assessors had accepted the prosecution's version of events. They have accepted the prosecution's witnesses' evidence
as credible.
- It would appear that they had accepted the accused's alleged confession in his video caution interview and had accepted that it was
given voluntarily by him and they were the truth.
- 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.
- The assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.
- Assessors are there to assist the trial judge come to a conclusion on the guilt or otherwise of the accused. I accept the four assessors'
unanimous opinion. I accept the accused alleged confession and I find he gave it voluntarily and they were the truth. I accept that
he committed arson in count no. 1 and 2. I also accept that he murdered his wife and two children on 25 March 2013, as alleged in
count no.3, 4 and 5. I accept the evidence of the prosecution's witnesses and I find them credible.
- I find that the defence of mental impairment is not available to him, although he was suffering from a mental illness. I find he knew
the nature and quality of his conduct; knew that his conduct was wrong and had control over the conduct, at the material time, when
he burnt his house and when he murdered his wife and two children.
- Given the above, I accept the assessors' unanimous opinion and find the accused guilty as charged on all counts and I convict him
accordingly on those counts.
- Assessors thanked and released.
Salesi Temo
JUDGE
Solicitor for the State : Office of the Director of Public Prosecution, Suva.
Solicitor for Accused : Legal Aid Commission, Suva.
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