State v Qio - Judgment [2016] FJHC 409; HAC145.2014S (13 May 2016)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 145 OF 2014S

STATE

vs

ERONI QIO

Counsels : Ms. S. Navia and Ms. S. Lodhia for State
: Mr. I. Romanu for Accused
Hearings : 10 and 11 May, 2016
Summing Up : 13 May, 2016
Judgment : 13 May, 2016

JUDGMENT

1. The three assessors had returned with a unanimous verdict finding the accused guilty as charged.
   
2. Obviously the assessors had accepted the prosecution’s version of events and that meant they had accepted the three prosecution’s witnesses’ evidence and their version of events. It also meant that they had rejected the accused’s denials and his 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 assessors’ verdict was not perverse. It was open to them to reach such conclusion on the evidence.
   
5. I agree with the assessors and I accept their opinion. Like them, I find the prosecution’s three witnesses credible and I accept their evidence. I accept PW2 and PW3 identification evidence of the accused. I reject the accused’s sworn denials. He was not a credible witness and I therefore reject his version of events.
   
6. On the basis of the above, I find the accused guilty as charged and I convict him accordingly.
   
7. Assessors thanked and released.
   

Salesi Temo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Suva.
Solicitor for the Accused : Tuifagalele Law, Barrister and Solicitor, Suva.