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State v Liaci [2003] FJHC 179; HAC0013Z.1999S (4 September 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0013 OF 1999

STATE

- v -

AMEO RAMOKOSOI LIACI; and
SAIRUSI UASIRO

Counsel: Mr. P. Bulamainaivalu for State
Mr. N. Vere for 1st and 2nd Accused

Hearing: 4th September 2003
Ruling: 4th September 2003

RULING

The procedure for tendering a previous inconsistent statement is this. The witness must be shown the statement and asked to identify the record. Once identified the witness must be asked to read or have read to him, the alleged inconsistency. Having heard the witness’s reaction to such inconsistency, the cross-examining party may ask the statement to be exhibited as a previous inconsistent statement.

That procedure was followed in this case although the witness identified only his signatures. The statement was relevant and admissible and was properly tendered.

Nazhat Shameem
JUDGE

At Suva
4th September 2003