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State v Cama - judgment [1994] FJHC 37; HAC0035j.1993s (21 April 1994)

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

CRIMINAL CASE NO. 35 OF 1993

BETWEEN:

STATE

-v-

AMANI CAMA
MATAIASI TAIKIKO
ISIMELI SALABOGI
VARAYAME DRE
RAVUAMA VAINI

CHARGE: Rape: Contrary to Sections 149 & 150 of the Penal Code, Cap. 17.

Mr. J. Hook for the State
The Accused in person.

JUDGMENT

All five accused, Amani Cama, Mataiasi Taikiko, Isimeli Salabogi, Varayame Dre and Ravuama Vaini are charged with the offence of Rape, contrary to Sections 149 and 150 of the Penal Code, Cap. 17.

The particulars alleged against all the accused are that on 14th day of September, 1992 at Suva, they had carnal knowledge of Salaseini Keteivalu without her consent.

I have directed myself in accordance with my summing up to the Assessors and I have borne in mind the nature and quality of the evidence adduced in this trial.

The three Assessors are of the unanimous opinion that the 1A, 2A, 3A & 5A accused are guilty of rape, as charged. I accept their opinions.

As for the 4A the 1st Assessor and 3rd Assessors are unanimous in their opinion that 4A is guilty as charged except 2nd Assessors who is of the opinion that 4A is not guilty. In line with my direction to the assessors I will accept the Assessors majority opinions of guilty.

Consequently I find all accused guilty of rape as charged and convict them accordingly.

S W Kepa
JUDGE

21st April, 1994

HAC0035J.93S