IN THE HIGH COURT OF FIJI
(AT SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 6 OF 1992

STATE

-v-

1. VIVIAN MALFORD KOI
2. JULIAN LAUTOFA CROCKER
3. GEORGE FONOMOA
4. JOVILISI RAISILI

CHARGE: Conspiracy to commit forgery.
Obtaining goods by false pretence
Forgery
Uttering forged document
Obtaining money on forged document.

Mr. Satya Hettige for the State
Mr. Tevita Fa for 1st Accused
Mr. John Semisi for 2nd, 3rd & 4th Accused

JUDGMENT

All four accused, Vivian Koi (1A), Julian Crocker (2A), George Fonomoa (3A) and Jovilisi Raisili (4A) are charged with the following offences:-

FIRST COUNT

Statement of Offence

CONSPIRACY TO COMMIT FORGERY:- Contrary to Sections 385 and 335 (2) (a) of the Penal Code, Cap. 17.

Particulars of Offence

VIVIAN MALFORD KOI, JULIAN LAUTOFA CROCKER, GEORGE FONOMOA and JOVILISI RAISILI, between the 1st day of December 1990 and 10th April 1991 at Suva and Lautoka in the Central and Western Divisions, did conspire together to commit forgery of the cheques of PAUL MICHAEL JOHN HENNING.

SECOND COUNT

Statement of Offence

UTTERING A FORGED DOCUMENT:- Contrary to Section 343(1) of the Penal Code, Cap. 17.

Particulars of Offence

VIVIAN MALFORD KOI and JOVILISI RAISILI, on 7th December 1990 at Suva in the Central Division, knowingly and fraudulently, uttered a forged document to wit, Cheque No.435055 for $2,100.00, purported to be drawn by PAUL MICHAEL JOHN HENNING.

THIRD COUNT

Statement of Offence

OBTAINING MONEY ON FORGED DOCUMENT:- Contrary to Section 345(a) of the Penal Code, Cap. 17.

Particulars of Offence

VIVIAN MALFORD KOI and JOVILISI RAISILI, on 7th December 1990 at Suva in the Central Division, with intent to defraud, obtained money on a forged document, to wit Cheque No. 435055 for $2,100.00 purported to be signed by PAUL MICHAEL JOHN HENNING.

ALTERNATIVE TO THIRD COUNT

Statement of Offence

LARCENY: Contrary to Section 262 of the Penal Code, Cap.17.

Particulars of Offence

VIVIAN MALFORD KOI and JOVILISI RAISILI, on the 7th day of December, 1990 at Suva in the Central Division, stole $2,100.00 the property of ANZ Banking Corporation.

FOURTH COUNT

Statement of Offence

UTTERING A FORGED DOCUMENT:- Contrary to Section 345(1) of the Penal Code, Cap.17.

Particulars of Offence

GEORGE FONOMOA, on 31st day of December 1990 at Lautoka in the Western Division, knowingly and fraudulently, uttered a forged document, to wit, Cheque No.024779 for $800.00, purported to be drawn by PAUL MICHAEL JOHN HENNING.

FIFTH COUNT

Statement of Offence

OBTAINING MONEY BY FORGED DOCUMENT:- Contrary to Section 345(a) of the Penal Code, Cap. 17.

Particulars of Offence

GEORGE FONOMOA, between 31st day of December 1990 and 3rd of January 1991 at Lautoka in the Western Division, with intent to defraud, obtained money on a forged document, to wit, Cheque No. 024779 for $800.00, purported to be signed by PAUL MICHAEL JOHN HENNING.

ALTERNATIVE TO FIFTH COUNT

Statement of Offence

LARCENY: Contrary to Section 262 of the Penal Code, Cap. 17.

Particulars of Offence

GEORGE FONOMOA, between 31st day of December 1990 and 3rd of January 1991 at Lautoka in the Western Division, stole $800.00, the property of ANZ Banking Corporation.

SIXTH COUNT

Statement of Offence

UTTERING A FORGED DOCUMENT:- Contrary to Section 343(1) of the Penal Code, Cap.17.

Particulars of Offence

JULIAN LAUTOFA CROCKER, on 22nd March, 1991 at Suva in the Central Division, knowingly and fraudulently, uttered a forged document, to wit, Cheque No.050108 for $2,500.00, purported to be signed by KAPADIA AMRAT LAL ICHARAM.

SEVENTH COUNT

Statement of Offence

OBTAINING MONEY ON FORGED DOCUMENT:- Contrary to Section 345(a) of the Penal Code, Cap.17.

Particulars of Offence

JULIAN LAUTOFA CROCKER, on 22nd March 1991 at Suva in the Central Division, with intent to defraud, obtained money on a forged document, to wit, Cheque No. 050108 for $2,500.00, purported to be signed by KAPADIA AMRAT LAL ICHARAM.

ALTERNATIVE TO SEVENTH COUNT

Statement of Offence

LARCENY: Contrary to Section 262 of the Penal Code, Cap. 17.

Particulars of Offence

JULIAN LAUTOFA CROCKER, on the 22nd day of March 1991 at Suva in the Central Division, stole $2,500.00, the property of ANZ Banking Corporation.

I have directed myself in accordance with my summing up and have borne in mind the nature and quality of the evidence adduced from the various witnesses in this case. I have also taken into account the evidence of the two civilian witnesses called by the Defence.

I have no doubt that the Gentlemen Assessors have acted in accordance with my direction to them on the law.

With regard to the first count of Conspiracy I find that there is hardly any direct evidence adduced upon which the prosecution could establish its case beyond all reasonable doubt against the four accused. I also find that on all the evidence in existence before the Court the existence of a conspiracy cannot be the only reasonable inference to be drawn. The prosecution's evidence to substantiate this charge feel far below the required standard. In these circumstances I accept the unanimous opinion of the Gentlemen Assessors and find all four accused not guilty of Conspiracy to Commit Forgery as charged and acquit each of them accordingly.

In so far as the other remaining charges are concerned the Gentlemen Assessors have returned a unanimous opinion of Not Guilty on all of them with the exception of the 3rd Count of Obtaining Money On Forged Document; contrary to Section 345 (a) of the Penal Code, Cap. 17 in respect of 4A Jovilisi Raisili.

In this Count 4A is jointly charged with 1A Vivian Koi who has been unanimously found Not Guilty by the Gentlemen Assessors. A thorough perusal of the evidence on this count would reveal that the evidence against both 1A and 4A is so inextricably interwoven that it is inevitable that if you find one of them Not Guilty you must do the same for the other. That being the case I accept the majority opinion of the Gentlemen Assessors and find both Vivian Koi and Jovilisi Raisili Not Guilty as charged on the 3rd Count of Obtaining Money On Forged Document and acquit them accordingly.

This then leaves us with the following charges:-

1) Second Count of Uttering A Forged Document against Vivian Koi and Jovilisi Raisili.

2) Alternative Count of Larceny to the 3rd Count against Vivian Koi and Jovilisi Raisili.

3) Fourth Count of Uttering A Forged Document against George Fonomoa.

4) Fifth Count of Obtaining Money By Forged Document against George Fonomoa.

5) Alternative Count of Larceny against George Fonomoa.

6) Uttering A Forged Document against Julian Crocker.

7) Obtaining Money On Forged Document against Julian Crocker;

and

8) Alternative Count of Larceny against Julian Crocker.

In regard to all these above charges I have reviewed the evidence adduced very thoroughly and I have directed myself in accordance with my summing up and I accept the unanimous opinions of the Gentlemen Assessors.

In these circumstances

1) I find Vivian Koi and Jovilisi Raisili Not Guilty on the Second Count of Uttering A Forged Document and acquit each one of them accordingly.

2) I find Vivian Koi and Jovilisi Raisili Not Guilty as charged in the Alternative Count of Larceny to 3rd Count and acquit each one of them accordingly.

3) I find George Fonomoa Not Guilty as charged on the Fourth Count of Uttering A Forged Document and acquit him accordingly.

4) I also find George Fonomoa Not Guilty as charged on the Fifth Count of Obtaining Money By Forged Document and I acquit him accordingly.

5) I also find George Fonomoa Not Guilty as charged on the Alternative Count of Larceny to the Fifth Count and acquit him accordingly.

6) I find Julian Crocker Not Guilty as charged on the Sixth Count of Uttering A Forged Document and acquit him accordingly.

7) I also find Julian Crocker Not Guilty as charged on the Seventh Count of Obtaining Money On Forged Document and acquit him accordingly.

8) I also find Julian Crocker Not Guilty on the Alternative Count of Larceny to Seventh Count of Obtaining Money On Forged Document and acquit him accordingly.

S W Kepa
JUDGE
11th June, 1993.
HAC0006J.92S