State v Sukanavanua - Judgment [2016] FJHC 484; HAC50.2014S (9 May 2016)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 50 OF 2014S

STATE

vs

MATAI SUKANAVANUA

Counsels : Ms. K. Semisi for State
Mr. J. Savou and Ms. K. Vulimainadave for Accused
Hearings : 4 and 5 May, 2016
Summing Up : 9 May, 2016
Judgment : 9 May, 2016

JUDGMENT

1. The three assessors had returned with a unanimous guilty verdict against the accused.
   
2. Obviously, they had accepted the prosecution’s version of events. That meant they had accepted the complainant’s version of events and evidence. It also meant that they had rejected the accused’s version of events and evidence.
   
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. Assessors are there to assist the trial judge come to a conclusion on the guilt or otherwise of the accused. On the evidence and on the credibility of the witnesses, I accept the three assessors’ unanimous opinion. I, like them, find the complainant to be a credible witness and I accept her evidence and version of events. I accept she did not give her consent to the accused to have sex with her, at the material time. I also accept that the accused knew she was not consenting to sex with him, at the material time.
   
6. Given the above, I find the accused guilty as charged and I convict him accordingly.
   
7. Assessors thanked and released.
   

Salesi Temo
JUDGE

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