State v Tutara - Judgment [2015] FJHC 789; HAC050.2014LAB (22 October 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 050 OF 2014LAB

STATE

V

KATOKAITI TUTARA

Counsels : Ms. A. Vavakadakua for State
Mr. M. Fesaitu for Accused

Hearings : 19, 20 and 21October, 2015
Summing Up : 22October, 2015
Judgment : 22 October, 2015

JUDGMENT

1. The three assessors had returned with a unanimous guilty verdict against the accused, finding him guilty for raping his granddaughters as alleged in count no. 1, 2, 3, 4 and 5.

2. Obviously, the three assessors had accepted the prosecution's version of events. They had accepted the two child complainants' 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 three 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 decision on the guilt or otherwise of the accused.

6. On my assessment of the evidence, I agree with the three assessors' opinion and I accept them. I accept the two complainants' evidence and version of events. I accept their allegation against the accused on all five counts. I find them to be credible witnesses and I accept what they said. I reject the accused's denials. He was not a credible witness.

7. Given the above, I find the accused guilty as charged on all counts and I convict him accordingly on those counts.

8. Assessors thanked and released.

SalesiTemo
JUDGE

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