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State v Vuki - judgment [2005] FJHC 210; HAC0001Y.2005S (4 August 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0001 of 2005S

STATE

v.

RUSILA VUKI; and
SUSANA WATI SIVO

Judgment: 4th August 2005

Counsel: Mr. P. Bulamainaivalu for State
Ms B. Malimali for Accused persons

JUDGMENT

The three assessors are unanimous as to the guilt of the 1st Accused of murder. I have directed myself in accordance with my summing up and I agree with them. I am satisfied beyond reasonable doubt that the fight at the water pipe occurred not as the accused described it but as the prosecution witnesses Monika and Rosa Tawake described it. I disregard the evidence of Paula Navunisaravi. I am satisfied beyond reasonable doubt that the 1st Accused acted unlawfully and not in self-defence, and that she acted with malice aforethought and caused the death of Siteri Momoivalu. I convict her accordingly.

In relation to the 2nd Accused the assessors are unanimous as to her innocence. Their opinions are possible on the evidence on the basis that she shared no common intention with the 1st Accused to do anything unlawful, or that she did not contemplate that anyone would be hurt in the fight. Either of these findings is possible on the 2nd Accused’s evidence. I agree with the assessors and find her not guilty on the basis that the 2nd Accused was not in a joint unlawful enterprise with the 1st Accused. I acquit her accordingly.

Nazhat Shameem
JUDGE

At Suva
4th August 2005