State v Kumar - Judgment [2015] FJHC 761; HAC124.2013S (4 September 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 124 OF 2013S

STATE

V

SALESH KUMAR

Counsels : Mr. S. Vodokisolomone and Ms. S. Naibe for State
Mr. J. Singh for Accused

Hearings : 31 August, 1 to 3 September, 2015
Summing Up : 4 September, 2015
Judgment : 4 September, 2015

JUDGMENT

1. The three assessors have returned with a unanimous guilty verdict against the accused for the manslaughter of Jone Vucago, on 8 March 2013, at Serua in the Central Division.
   
2. Obviously, the three assessors had accepted the prosecution's version of events. It would appear that they had accepted the evidence of the witnesses for the prosecution.
   
3. I have reviewed the evidence called in this trial and I have directed myself in accordance with the Summing Up I gave the assessors today.
   
4. The assessors' verdict 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 carefully listened to the assessors' view, and on the facts, I agree with their unanimous guilty opinion against the accused.
   
6. I find all the prosecution's witnesses to be credible witnesses and I accept their evidence. They were forthright and not evasive while giving their evidence. I accept the prosecution's version of events on the case.
   
7. As for the accused, he was evasive as a witness. I accept his confessions in his 9 and 10 March 2013 police caution interview statements. It was taken so soon after the incident and the matters were fresh in his mind.
   
8. I reject his denial on the manslaughter of the deceased. He was not credible in his denying the charge.
   
9. Given the above, I find the accused guilty as charge and I convict him accordingly.
   
10. Assessors thanked and released.
    

Salesi Temo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Suva.
Solicitor for Accused : Samusamuvodre & Sharma, Barrister & Solicitor, Suva.