State v Tadulala [2020] FJHC 532; HAC322.2018S (16 July 2020)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 322 OF 2018S

STATE
vs
JOSAIA TADULALA

Counsels : Ms. K. Semisi for State
Mr. E. Radio for Accused
Hearings : 13, 14 and 15 July, 2020.
Summing Up : 16 July, 2020.
Judgment : 16 July, 2020.
______________________________________________________________________________

JUDGMENT
______________________________________________________________________________

1. The three assessors had returned with a unanimous opinion finding the accused guilty as charged of rape (count no. 1) and sexual assault (count no. 2).
   
2. Obviously, the three assessors had accepted the prosecution’s version of events. It meant they had accepted the complainant’s version of events. It also meant they had accepted the evidence of all the other state witnesses.
   
3. By accepting the complainant’s version of events, they had rejected the accused’s sworn denials.
   
4. I had reviewed the evidence called in the trial and I had directed myself in accordance with the Summing Up I delivered to the assessors today.
   
5. The opinion of the assessors was not perverse. It was open to them to reach such conclusion on the evidence.
   
6. Assessors are there to assist the trial judge decide on whether or not the accused was guilty as charged. The assessors represent the public and their opinions must be treated with respect.
   
7. Like the assessors, I find the complainant (PW1) a credible witness and I accept her version of events. I reject the accused’s sworn denials. In my view, the complainant was speaking the truth and she had no reason to come to court and lie about her allegations against the accused.
   
8. I accept the evidence of the other state witnesses.
   
9. Given the above, I accept the unanimous opinion of the three assessors and find the accused guilty as charged on both counts. I convict him accordingly on those counts.
   
10. Assessors thanked and released.
    

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Suva.

Solicitor for the Accused : Legal Aid Commission, Suva.