State v Mafutuna [2006] FJMC 18; Criminal Case No 1559 of 2006 (28 August 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 1559 of 2006

STATE

V

MICHAEL JAMES MAFUTUNA

JUDGMENT

The accused has been charged with Harbouring a prisoner contrary to S75 of the prison Act.

Particulars are on 5th day of August 2006 he harboured Eparama Mani in his house who was an escapee from Maximum prison at Naboro.

Constables on receipt of information went to the house of accused. The accused at first did not answer to question if Eparama Mani was there. However he later told them he was in a room. Eparama Mani was found hiding under a bed.

The prisoner had escaped from Maximum prison on 3/8/06. He was serving a 4 ½ years sentence. It was well advertised in radio and TV. that the prisoner had escaped.

PW4 questioned them about 6 times before the accused replied that he was hiding under bed.

The accused gave un-sworn statement. He said he didn’t know Eparama Mani was an escaped prisoner. He said he lived in Rotuma and wanted a chance to go back to his family.

I have considered whole of the evidence.

The word "knowingly harbours in or about his house" requires knowledge on the part of the person who harbours that the accused was an escapee. The question is whether the accused ‘knew’ that Eparama Mani was an escapee when he let him into his house and gave him food and shelter.

In his caution interview which he voluntarily gave police, the accused has said the following.

"He is my friend for a long time and stays at Tamavua-I-Wai"

"He came home at Saturday morning at 4.30 am"

"I gave him mattress and sulu"

"I gave him tea and bread next morning at 8 am."

"I was sitting in sitting room and when constable came Eparama went into the bedroom".

I have considered whole of the evidence. I also balanced the un-sworn evidence of accused and his caution interview with other evidence.

I reject the evidence of the accused when he says he didn’t know Eparama was an escapee. He was a good friend. He came at 4 am to his house and was given clothes and mattress to sleep. When police came, from sitting room he went into hiding into the bedroom whilst accused and others remained in the sitting room.

The accused must have known why Eparama was going; to the bedroom when police came. His silence also indicates refusal to give information as to his whereabouts when asked by the constables. There was no need for hesitation to answer questions put by the police.

There is also in evidence this was well advertised in the news media that certain escapees were on the run.

Eparama Mani’s photos had featured in TV. and the newspapers. The accused being a good friend for a long time would have known where Eparama Mani was.

I find that the accused knew that Eparama Mani was an escapee from Naboro. He served him in most suspicious circumstances when he came at 4 am to his house.

I am satisfied Prosecution has proved this case. The accused is found guilty as charged.

Dated this 28th day of August 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE