State v Hussein [2015] FJMC 74; Criminal Case 09.2015 (3 July 2015)

IN THE MAGISTRATE'S COURT AT NABOUWALU
CRIMINAL JURISDICTION

Criminal Case No. 9 of 2015

STATE

V

INTIAZ JAVED HUSSEIN

Prosecution: PC Monish
Accused: In Person
Judgment: 3 July 2015

JUDGMENT

1. The Accused, Intiaz Javed Hussein is charged with one count of Indecently Annoying and Insulting, contrary to section 213 of the Crimes Decree No. 44 of 2009.

2. The particulars of the offence is that on the 25th day of October 2014, at Nasarawaqa in the Northern Division with intend to insult the modesty of Faizul Hussein, uttered the words "fuck off" and "maichod" meaning mother fucker, intending such words shall be heard by Faizul Hussein.

3. The Accused waived his right to legal counsel and on 5 March 2015, the Accused pleaded not guilty to the charge. The case proceeded for hearing on 8 May 2015.
4. The Prosecution call two civilian witnesses, as the caution interview and the charge statement were tendered by consent. The Accused gave evidence for the Defence and call another civilian witness.

5. In considering the charge and the particulars of offence, it appears that the Accused is charge under section 213(1)(a) of the Crimes Decree which state – A person commits a summary offence if he or she, intending to insult the modesty of any person – utters any word, .....intending that such word or sound shall be heard......by the other person.

6. The facts of the case that can be summarised from the evidence adduce at the trial is that the Accused and the Complainant are neighbours. The water pipe of the Complainant runs through the compound of the Accused just next to the road side. On the date of the offence, the Complainant was returning home with the family in the evening when there is no water at their home. The Complainant's son went to check the pipe joint and was chased by the Accused, so the Complainant went to check and that is where the allegation that the Accused uttered those words in the particulars of offence to the Complainant.

7. The Complainant, Faizul Hussein, in his evidence confirmed that the Accused uttered the words "fuck off" and "maichod" to him after he took out the plastic from the water pipe joint. According to the Complainant he felt ashamed when the Accused uttered those words to him as the Accused is like a son to him.

8. The Complainant in his evidence state that there is water on that day but their water pipe was blocked with a black plastic inserted into the joint of their water pipe and this has happened to them many times.

9. The Accused deny uttered those words to the Complainant and state that it was the Complainant who uttered bad words to him. According to the Accused he did not chase the Complainant's son away, he only told him that there is no water. The Accused also state that he also told the Complainant that there is no water and he can go and check the water source. The Accused called his father Aiyub Hussain (DW1) as his only witness. DW1 confirms that he never heard the Accused uttered those words, but it was the Complainant who uttered bad words to his son the Accused.

10. The Complainant's wife, Ilisapeci Tavailamini (PW2) in her evidence confirmed that she heard the Accused uttered the word "maichod" to the Complainant and she told the Complainant to report the matter to the Police.

11. In observing the demeanour of the witnesses including the Accused, I find that the Prosecution witnesses were very credible as compared to the Accused and his father.

12. In assessing the evidence adduce during the trial, I find that the Prosecution has proved the element of this offence beyond reasonable doubt.

13. In my judgment, I find the Accused guilty as charged and accordingly, I convict the Accused as charged.

28 day to appeals

Cama M. Tuberi
RESIDENT MAGISTRATE