State v Wati [2015] FJMC 45; Criminal Case 221.2014 (9 April 2015)

IN THE MAGISTRATE'S COURT AT SAVUSAVU
CRIMINAL JURIDICTION

Criminal Case No .221 of 2014

STATE

V

HANSA WATI

Prosecution : CPL Rinesh Prasad
Accused : In Person

Judgement : 9 April 2015

JUDGEMENT

1. Ms Hansa Wati the Accused is charged with one count of Indecently Insulting Annoying Any Person contrary to Section 213 (1) (a) of the Crimes Decree No. 44 of 2009.
   
2. On 16 October 2014, the Accused waived her rights to legal counsel and wish to defend her case and she pleaded not guilty to the charge on the same date.
   
3. The case proceeded for hearing on 17 February, 2015.
   
4. The Accused was charged with the above offence for uttering words "Sala, Barua, Kutia" to Dinesh Raj (the Complainant) and intending to insult the modesty of the Complainant and also intending such words to be heard by the Complainant. The word "Sala, Barua, Kutia" has been translated in the charge sheet to mean "Prostitute, Female Dog".
   
5. The incident happened at Savusavu town on 15 August 2014, when the Complainant and Ulaiasi Tamanitokula (PW2) both LTA Enforcement Officers stop the Accused Vehicle Registration No. EH 871 that was driven by the Accused husband to issue TIN for carrying excessive passengers. The Accused is one of the passengers.
   
6. According to the Accused the Complainant and PW2 had tried to issue two TIN to her vehicle earlier on the day and when she saw PW2 she got angry because PW2 has been sending text messages to her so she went straight to PW2 and question him. The Accused said she was angry at the Complainant for "cheeping in" when she was questioning and talking to PW2.
   
7. The evidence of both the Prosecution and the Accused established and confirmed that the Accused was angry at the time of the incident or offence and the Accused did utter words to the Complainant. The Accused when cross examining PW2, she asked PW2 "Can you tell why I swear?" where PW2 answered that it is a questioned she should answer by referring to the Accused. It can be established from this juncture of evidence that the Accused did utter swear words to the Complainant on that day though she denied saying any swear words in her evidence.
   
8. The Accused denying saying "Sala, Barua, Kutia" in her evidence and also deny saying any swear words. She said that she told the Complainant on that day for the Complainant not to talk as he is taking money from other drivers and she warned the Complainant. She also stated in her evidence that she said to PW2 that she is not a bitch woman.
   
9. The Accused failed to call any evidence or witness to support her denial. She tendered a letter signed by one Scott Hanson who according to the letter is a passenger of the Accused vehicle at the time of the incident. The letter state that the Accused did not swear. The Prosecution strongly object to the tendering of the letter as he was not notified by the Accused that she will tender the letter and also because the person who wrote the letter is not call by the Accused and therefore cannot be cross examined. The letter was later tendered by consent for the discretion of the court to consider and give weight to the letter as it is a technical issue which the Accused is not aware as she is not represented by any legal counsel.
   
10. In regards to the letter tendered by the Accused, I am not considering the letter in this judgement as in doing so it will deprive the Prosecution's right of cross examining this evidence as the person who signed the letter was not call by the Accused to give evidence and also because no notification was given to the Prosecution by the Accused that she intend to tender the letter without calling Mr Hanson. Further, the Accused was speaking in hindi at the time of the incident and when she uttered those words and since Mr Hanson is a foreigner, I doubt that he understand the words and meaning of the words uttered by the Accused and this can only be established if he gives evidence in court.
    
11. The Complainant in his evidence state that the Accused asked them as to who are you to book my husband you corrupted officers and the Accused banging the LTA vehicle glass from outside. The Complainant put the LTA vehicle glass down and explained to the Accused that they are dealing with the driver as he is the one they are booking and inform the Accused to let them do their duty. The Accused responded and uttered words "Sala, Barua, Kutia" to him. This evidence was also confirmed by PW2 evidence that he hear the Accused uttered those words to the Complainant. According to the Complainant's evidence he was very much annoyed when he hears the Accused uttered those words to him as members of the public were watching.
    
12. I have considered both parties' evidence and witnesses and I find the Prosecution witnesses credible and I accept their evidence. I find the Accused was not a credible witness and her failure to call any evidence to support her denial and accordingly reject her evidence.
    
13. I am convinced that there is evidence against the Accused that proves that she had committed the offence in this case.
    
14. The Prosecution has satisfied me and has proved his case beyond reasonable doubt and I find the Accused guilty as charged and accordingly convict the Accused as charged.
    

28 day to appeals

Mr Cama M. Tuberi
RESIDENT MAGISTRATE