State v Lal - Judgment [2015] FJHC 612; HAC029.2014LAB (26 August 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 029 OF 2014LAB

STATE

V

HIND MUNISHWAR LAL

Counsels : Mr. L. Fotofili for State
Ms. L. Raisua for Accused

Hearings : 24 and 25 August, 2015
Summing Up : 26 August, 2015
Judgment : 26 August, 2015

JUDGMENT

1. The assessors had returned with a unanimous guilty verdict against the accused on all four rape counts.

2. Obviously, the 3 assessors had accepted the prosecution's version of events and had found the accused guilty as charged on all counts.

3. I have reviewed the end called in the trial and I have directed myself in accordance with the summing up I gave the assessors today.

4. The decision of the assessors was not perverse. It was open to them to reach such conclusion on the end.

5. Assessors are there to assist the trial judge come to a decision on the guilt or otherwise of the accused. I have heard the complainant and the accused's end. I had observed them in the courtroom. I find the complainant to be a credible witness and I therefore accept her evidence. I find the accused not credible as a witness. He was evasive and argumentative. For the above reasons I agree with the 3 assessors' unanimous verdict and I find the accused guilty as charged on all counts and I convict him on those counts.

6. Assessors thanked and released.

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Labasa

Solicitor for the Accused : Office of the Legal Aid Commission, Labasa