State v Ratabua [2016] FJHC 626; HAC063.2013L (13 July 2016)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
LAUTOKA CRIMINAL CASE NO. HAC 063 OF 2013L

STATE

vs

LIVAI KAIVITI RATABUA

Counsels : Ms. S. Kiran and Mr. Y. Prasad for State
: Ms. C. Choy and Mr. K. Prasad for Accused
Hearings : 4, 5, 6, 7, 8, 11 and 12 July, 2016
Summing Up : 13 July, 2016
Judgment : 13 July, 2016

JUDGMENT

1. The 3 assessors had returned with a unanimous verdict finding the accused guilty as charged ie. for murdering Maciu Bakani on 7 January 2013 at Lautoka in the Western Division.
   
2. Obviously, the three assessors had accepted the prosecution’s version of events. This meant they had found the prosecution’s witnesses evidence credible and they had accepted the same.
   
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 accept the three assessors’ verdict. I accept that the accused stomped and kicked the deceased’s head several times on 7.1.13. These actions caused the deceased’s brain injuries, as described by Doctor Goundar in his post-mortem report. I find the accused was reckless in causing the deceased’s death.
   
6. I accept the prosecution’s witnesses evidence that point to the above conclusion.
   
7. Given the above, I find the accused guilty as charged and convict him accordingly.
   
8. Assessors thanked and released.
   

Salesi Temo
JUDGE

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