Regina v Baleikasavu [1978] FJSC 30; Criminal Case 013 of 1978 (24 August 1978)

IN THE SUPREME COURT OF FIJI
CRIMINAL JURISDICTION

Criminal Case No, 13 of 1978

REGINA

v.

VILIAME KINI BALEIKASAVU

JUDGMENT

The accused, Viliame Kini Baleikasavu, is charged on seven counts with larceny as a servant contrary to section 306(b) (i) of the Penal Code.

The alleged thefts relate to 10 cartons of tinned fish and 23 cartons of tinned corned beef to the total value of $555.

All three assessors are unanimous in their opinions that the accused is not guilty on each of the seven counts as charged.

I have directed myself in accordance with my summing up and I have once again considered the whole of the evidence presented in Court in the light of the unanimous opinions of the assessors.

The prosecution case must of course stand or fall on the degree of trustworthiness of the main witnesses who have given testimony in this case. The credibility of such witnesses is essentially a matter for the assessors. By their opinions in this case the assessors have clearly indicated that they have grave doubts about the prosecution case. They obviously feel that the prosecution have not discharged the onus of proof which rests on them and the standard required by law, namely, proof beyond all reasonable doubt.

In these circumstances I do not think I would be justified on the evidence in this case in taking a contrary view to the assessors.

I am not satisfied therefore that each count in the Information has been proved with the degree of certainty required by law. Accordingly I find the accused not guilty on each of the seven counts as charged and he is therefore acquitted.

T.U. Tuivaga
JUDGE

Suva,
24th August, 1978