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State v Salaiwai [2010] FJHC 66; HAC044.2009 (2 March 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 044 OF 2009

STATE

V

SAUBALAVU SALAIWAI

Hearing: 25th February 2010
Judgment: 2nd March 2010

Counsel: Ms T. Leweni for State
Mr. T. Terere for Accused

JUDGMENT

[1] The assessors have given their unanimous opinions that the accused person is not guilty on the first count of attempted murder by reason of insanity, but is guilty of common assault on the second count. The assessors’ opinions are inconsistent and against the weight of compelling psychiatric evidence adduced at the trial that the accused person at the time of committing the offences, was harbouring under a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know he did not know what he was doing was wrong.

[2] I accept that the accused, who undoubtedly stabbed and hit the victim, Navneet Prasad, did so whilst insane. I find the accused not guilty on both counts by reason of insanity.

[3] I therefore order, pursuant to section 105 of the Criminal Procedure Decree that Saubalavu Salaiwai be held in the custody of the St. Giles Hospital until such time as His Excellency the President orders his confinement in a place of safe custody. A report of this case and its findings will be sent to His Excellency forthwith together with a copy of my summing up and judgment.

Daniel Goundar
JUDGE

At Suva
2nd March 2010

Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Legal Aid Commission for Accused