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State v Qarasaumaki - Judgment [2011] FJHC 288; HAC096.2009 (18 March 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 096 OF 2009S

THE STATE

vs

1. TADEO QARASAUMAKI
2. ASAELI KOROI
3. PENI WAQAKIBAU

Counsels : Ms. L. Tabuakuro for the State

Accused No. 1 in Person

Accused No. 2 in Person

Accused No. 3 in Person

Hearings : 10th to 16th March, 2011

Summing Up : 18th March, 2011

Judgment : 18th March, 2011

JUDGMENT

1. Following a trial lasting approximately 5 days, the three assessors have returned with their opinions. On the "robbery with violence" charge, all the assessors have unanimously found accused No. 1 guilty as charged, and accused No. 2 and 3, not guilty as charged. On the "receiving stolen property" charge, the assessors have unanimously found all three accuseds guilty as charged.

2. I have reviewed the evidence called in the trial, and I have directed myself in accordance with the summing up I gave the assessors today. I find the verdict of the assessors was not perverse. It was open to them to reach such conclusions on the evidence. Obviously, they are satisfied beyond reasonable doubt on the prosecution's version of events, as far as accused No. 1 was concerned, on count No. 1. As far as accused No. 2 and 3 were concerned, on count No. 1, they have a reasonable doubt on their guilt. As far as the "receiving stolen property" charges, the assessors unanimously accepted the prosecution version of events.

3. I accept the opinions of the assessors and I find accused No. 1 guilty as charged on count No. 1, and I convict him accordingly. As for accused No. 2 and 3, I find them not guilty as charged, and I acquit them accordingly of count No. 1.

4. On count Nos. 2, 3 and 4, I accept the assessors' unanimous opinions and find all accused guilty as charged and I convict them accordingly on those counts.

Salesi Temo

ACTING JUDGE

Solicitors for the State : Office of Director of Public Prosecution, Suva.

Solicitors for Accused No. 1: In Person

Solicitors for Accused No. 2: In Person

Solicitors for Accused No. 3: In Person