State v Mousin - Judgment [2015] FJHC 661; HAC024.2014LAB (28 August 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 024 OF 2014LAB

STATE

V

MOHAMMED MOUSIN

Counsels: Ms. A. Vavadakua for State
Mr. M. Fesaitufor Accused

Hearings: 26 and 27 August, 2015
Summing Up: 28 August, 2015
Judgment: 28 August, 2015

JUDGMENT

1. The three assessors have returned with a unanimous guilty verdict against the accused. They had found that the accused raped the complainant on 09th July, 2011.

2. Obviously, the assessors have accepted the prosecution's version of events. It would appear that they had accepted the complainant's evidence and 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 conclusion on the guilt or otherwise of the accused. I have heard the complainant's evidence. I have also heard the accused's evidence. I have also carefully analysed the defence's alibi evidence. In my view, I don't accept the alibi evidence. DW1, DW2 and DW3 were not credible witnesses. They were all blood related and it appeared, as a result, that their evidence was tainted because of that. DW2 admitted she did not like the complainant, as her daughter-in-law.

6. As for the complainant, I accept her evidence and her version of events. She was a credible witness. She was forthright.

7. Given the above, I agree with the three assessors' decision and I accept their opinion.

8. I find the accused guilty as charged and I convict him accordingly.

9. Assessors thanked and released.

SalesiTemo
JUDGE

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