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State v Gavidi - Judgment [2004] FJHC 212; HAC0020J.2003S (9 June 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL ACTION NO. HAC020 OF 2003S

THE STATE

V

RATU LUKE GAVIDI

Gates J.

Mr David Toganivalu for the State
The Accused in Person

9 June 2004

JUDGMENT

All 3 Assessors present

[1] The 3 Assessors have returned unanimous opinions that the Accused is not guilty of arson, the only charge in this information. It is now my duty to arrive at my decision paying due heed to those opinions, and to deliver judgment pursuant to section 298(2) of the CPC.

[2] I direct myself in terms of my summing up delivered this morning.

[3] This was a case in which the only eye witnesses would all have been accomplices. They would have been from amongst members of a crowd of persons staying at the Parliamentary complex during the hostage crisis. As it happened the only eye witness who did testify as to what happened in the immediate vicinity of the Lighthouse Restaurant was a less than satisfactory witness. He may indeed have been implicated.

[4] At the end of the day the evidence in this case did not reach the high standard of proof required in the criminal courts. The accomplice’s evidence was lacking in cogency and reliability.

[5] I believe the assessors have reached the correct decision and I concur with their opinions. They are to be thanked for performing their duties on behalf of the public with a proper care and seriousness.

[6] The Accused is acquitted on the information. Ratu Luke Gavidi you may stand down.

A.H.C.T. GATES
JUDGE

Solicitors for the State : Office of the Director of Public Prosecutions, Suva
Solicitors for the Accused: In Person