State v Koyamaibole [2020] FJHC 582; HAC303.2018 (15 July 2020)

IN THE HIGH COURT OF FIJI

AT SUVA

[CRIMINAL JURISDICTION]

CRIMINAL CASE NO. HAC 303 OF 2018

STATE

V

SIRELI KOYAMAIBOLE

Counsel: Mr S Komaibaba for the State

Ms M Chand and Ms L Ratidara for the Accused

Date of Hearing: 13 – 14 July 2020

Date of Judgment: 15 July 2020

JUDGMENT

	Count 1 [Assault with intent to Commit Rape]	Count 2 [Rape]
Assessor 1	Guilty	Guilty
Assessor 2	Not Guilty	Not Guilty
Assessor 3	Guilty	Guilty

[1]

[2] The majority opinions of the assessors are that the Accused is guilty of assault with intent to commit rape (Count 1) and rape (Count 2). They have not believed the evidence of the Accused but have believed the evidence of the complainant as true.

[3] I direct myself in accordance with my summing up. The Accused was an evasive witness. His version of the events is not plausible. The complainant struck me as an honest and reliable witness. I believe her evidence that the Accused assaulted her and then raped her.

[4] I find the Accused guilty of assault with intent to commit rape (Count 1) and rape (Count 2). He is convicted as charged.

. ...........................................
Hon. Mr Justice Daniel Goundar

Solicitors:
Office of the Director of Public Prosecutions for the State
Legal Aid Commission for the Accused