State v Tulavu [2020] FJHC 843; HAC039.2019 (13 October 2020)

IN THE HIGH COURT OF FIJI

AT SUVA

[CRIMINAL JURISDICTION]

CRIMINAL CASE NO. 039 OF 2019

STATE

V

WAISAKE TULAVU

Counsel: Ms S Shameem & Ms U Tamanikaiyaroi for the State

Ms S Daunivesi & Ms T Kean & Mr E Sau for the Accused

Date of Hearing: 5 October – 9 October 2020

Date of Summing Up : 13 October 2020

Date of Judgement: 13 October 2020

JUDGMENT

	Count 1	Count 2	Count 3	Count 4	Count 5
Assessor 1	Guilty	Guilty	Guilty	Guilty	Guilty
Assessor 2	Guilty	Guilty	Guilty	Guilty	Guilty
Assessor 3	Guilty	Guilty	Guilty	Guilty	Guilty

[1]

[2] The Assessors have unanimously found the Accused guilty of four counts of rape and one count of sexual assault. They have believed the accounts of the complainants and not the account of the Accused.

[3] The guilty opinions are available on the evidence led by the prosecution.

[4] I direct myself in accordance with my summing up. I feel sure of the guilt of the Accused in respect of all five charges. 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