State v Tuisasaki [2006] FJMC 24; Criminal Case No 806 of 2006 (2 October 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 806 of 2006

STATE

V

PENI TUISASAKI

Prosecution: Sgt. Wilson
Accused: In Person.

JUDGMENT

The accused has been charged for forgery and larceny by servant.

Particulars are on 29th February 2004 with intent to defraud he forged signature in police exhibit register purporting to be Mahendra Hargovind.

Between 17th February 2003 and 29th February 2004 he stole $100 from Raiwaqa Police Station which was in possession of his employer Fiji Police Force.

The facts are undisputed. In February 2003 the investigating officer in a robbery case where items were recovered which included $100 cash was handed over to the accused who was the crime writer. The money was entered in the register and kept in safe by accused. The case was adjourned a few times. The crime writer forged the signature of the complainant ‘Mahendra Hargovind’ and took the cash $100 for himself.

This signature was not of the complainant in the register. The accused admits taking away the $100 after forging the signature of complainant in the Police Exhibit Register. Later the original missing documents were found but not the cash and cheque.....

The strong room is to keep safe all exhibits and the crime writer of the force is in charge of it. Later $100 was returned by the accused to be kept in Raiwaqa police exhibit room (Exhibit 2). The accused was suspended from duties and investigation conducted. He was charged in April 2006.

The accused gave sworn evidence. He admitted forging the signature of complainant in register. He also said he could have pleaded guilty to larceny and has paid back the $100 to Raiwaqa Police.

Upon whole of evidence I find the prosecution has proved it’s case beyond reasonable doubt. The accused was employed by Fiji Police Force as a crime writer and was responsible for the Exhibits. He forged the complainant’s signature in the exhibit register and took out $100 cash which was property of the police force at that time.

Although he later repaid it but this goes towards mitigation of the offence committed. I find the accused guilty for both counts as charged.

Dated this on the 2nd day of October 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE