State v Vakararawa [2016] FJMC 98; Criminal Case 785.2015 (25 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case : - 785/2015

STATE
V
JEKE VAKARARAWA

For the Prosecution : Cpl Shaw
For the Accused : Ms.Daunivesi (LAC)
Date of Ruling : 25^th of July 2016
RULING ON NO CASE TO ANSWER

1. The accused is charged with one count of Theft contrary section 291(1) of the Crimes Decree No 44 of 2009.
2. At the conclusion of the prosecution case the learned defence counsel made a no case submission pursuant to section 178 of the Criminal Procedure Decree.
3. Section 178 of the Criminal Procedure Decree reads :

“if at the close of the evidence in support of the charge it appears to the court that a case is not made out against the accused person sufficiently to require him or her to make a defence, the court shall dismiss the case and shall acquit the accused”.

4. It is trite law that in a magistrate court no case to answer submission can be upheld only on following grounds:

[i] When there is no evidence to prove an essential element of the charged offence;

[ii] When the prosecution evidence has been so discredited or is so manifestly unreliable that no reasonable tribunal could convict.

5. In this case the complainant said on 11^th April 2015 someone stole his Mazda vehicle. PW2 and PW3 who went to search for the vehicle saw the accused driving the vehicle and when the police tried to stop, he ran away leaving the vehicle. He was arrested later.
6. Only disputed issue in this case is the identification and at this stage I am satisfied that there is sufficient evidence for that also. Therefore I find there is a prima facie case against the accused and dismiss this application accordingly.

Shageeth Somaratne

Resident Magistrate