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State v Cama - ruling [1994] FJHC 39; HAC0035d.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.

RULING

During the trial proper in this matter the 3rd Accused Isimeli Salabogi informed the Court that his second statement which was about to be read out in Court by Detective Corporal 348 Josateki Vunidakai, the interviewing officer was not given by him voluntarily, alleging assault.

The Court then asked the Assessors to retire and a Trial within a Trial was held in their absence.

The Prosecution called two witnesses Detective Corporal Josateki and Constable Solomone. Both witnesses denied that 3rd Accused was assaulted by any Police officer or relatives of the victim of the alleged rape while in police custody.

Det.Cpl.Josateki said that when he took the 3rd Accused to the office of A.S.P.Prasad the victim of the alleged rape Salaseini was there inside. She immediately pointed the 3rd Accused out that he too had raped her. The 3rd Accused admitted in the presence of Police Officers raping the victim Salaseini. As a result Cpl. Josateki was instructed to re-interview 3rd Accused who in an earlier interview had denied raping Salaseini.

Cpl. Josateki took 3rd Accused to the Crime Office for interview. Constable Solomone was also present during the interview to witness the interview and to countersign the signatures of 3rd Accused.

Cpl. Josateki testified that the interview was conducted under the Judge's Rules and interview was conducted in the Fijian language. He added that no promise, threat or favour was offered to 3rd Accused or anyone assault him during the interview. This is supported by Constable Solomone. He said 3rd Accused in his interview gave his answers voluntarily during the interview. According to both Police officers 3rd Accused did not complain of any assault at all to them.

The 3rd Accused stated in his evidence that he was assaulted by A.S.P. Prasad and other Police officers with batons and punches and was also assaulted by the victim's relatives. According to him he received injuries to the mouth and swelling on the back of his left ear and pains in the chest and abdominal area. He admitted taking part in the gang rape of Salaseini because he was scared and frightened of the beatings he had received from the Police and victim's relatives. He agreed that he didn't complain about assault on him to any Police officer or the Chief Magistrate when he was brought to Court the next day 16/9/92. He also did not complain to the Prison Authority when remanded or asked to be medically examined. When asked why he did not do so he replied that he didn't remember. This Court finds it hard to believe that 3rd Accused was assaulted by the Police or any other person as no medical report of his injuries were produced in Court or at the very least he did not complain of assault on him by the Police and others when produced before the Chief Magistrate. He had the opportunity to request to be seen by a Medical Officer or be taken to hospital for medical examination while on remand but did not do so.

In this present case I find no substance in 3rd Accused's allegation of assault by the Police or any others on him before or during the interview. I therefore hold that 3rd accused's interview was given of his own free will and admissible, and I so rule.

S W Kepa
JUDGE

21st April, 1994.

HAC0035D.93S