IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No. HAC 01 of 2015

STATE

V

ADONI TUVUKI

Counsel:	Ms. A. Vavadakua for the State
		Mr. A. Paka with Ms. S. Devi (L.A.C.) for the Accused 

Date of Summing Up	: 	22 September 2016 
Date of Judgment	: 	22 September 2016

JUDGMENT

[1]	The accused was tried in this Court on the following three 	counts:

    COUNT 1
    (Representative Count)
    Statement of Offence

	RAPE: Contrary to section 207 (1) and (2) (a) of the 	Crimes Decree 2009.

    PARTICULARS OF OFFENCE

	ADONI TUVUKI between the 18th day of November, 	2013 	and the 24th day of November, 2013 at 	Duavata Primary 	School in Labasa in the Northern 	Division had carnal knowledge with VILIMAINA 	DINACIKA without her 	consent.
	
          COUNT 2
             Statement of Offence

		INDECENT ASSAULT: Contrary to section 212 (1) of 		the Crimes Decree 2009.

            PARTICULARS OF OFFENCE
	
	ADONI TUVUKI on the 18th day of November, 2013 	at Duavata Primary School in Labasa in the 	Northern Division unlawfully and indecently 	assaulted MELANIA TINAIWAI by fondling her 	breast and kissing her cheek.

[2]	The three assessors returned with unanimous opinions of guilty 	on each count. The Court after reviewing the evidence and in 	accordance with the summing up agrees with the assessors and 	finds the accused guilty of each count. 

[3]	The prosecution called three teenage girls to give evidence of the 	sexual abuse that they had each and severally suffered at the 	hands of the accused. These girls were students boarding at 	their school in Bua at the time and the accused and his wife 	were the cooks. 

[4]	The first girl who was 13 at the time told of being pulled into the 	accused’s room and raped.

[5]	The second girl, also 13 at the time told of being pulled into the 	room, kissed and having her breasts fondled.

[6]	The third girl, only 11, told of being forced onto a bed, kissed 	and having her breasts fondled. 

[7]	Each of the girls and especially the feisty third girl gave 	confident and consistent evidence which was unshaken in cross 	examination. 

[8]	The accused gave evidence that he was a very loving person and 	that it was his manner to hug and kiss girls. He was related to 	most of the students at the school and he wanted them to 	regard him as a father and he treated them as such. 

[9]	He called two character witness to give evidence in his defence 	but they did not add anything of substance to his case. 

[10]	After hearing all the evidence the Court believed the three 	prosecution witnesses and nothing that the accused said 	caused the Court to doubt the veracity of the young girls’  	evidence. 

[11]	I find that the State has proved the charges beyond reasonable 	doubt and I convict the accused on all thee counts accordingly. 

[12]	That is the Judgment of the Court.

P. K. Madigan
Judge
At Labasa
22 September 2016