Home | Databases | WorldLII | Search | Feedback High Court of Fiji

State v Waqavatu - Judgment [2011] FJHC 29; HAC100.2009 (28 January 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No. HAC 100 of 2009S

STATE

v

SIKELI WAQAVATU

Counsels : Mr. K. Waqavonovono for the State
Mr. R. Chaudhary for the Accused
Hearings : 24th, 25th and 26th January, 2011
Summing Up : 28th January, 2011
Judgment : 28th January, 2011

JUDGMENT

1. Following a trial lasting 4 days, the three assessors have returned with a majority verdict. Assessors No. 1 and 2 have found the accused not guilty as charged on all counts. Assessor No. 3 has found the accused guilty as charged on all counts.

2. I have reviewed the evidence called in this trial, and I have directed myself in accordance with the summing up, I gave the assessors today. I find that the majority and minority verdict were not perverse. It was open to them to reach such conclusion, on the evidence. I accept the majority verdict.

3. Obviously, the majority of the assessors did not accept the prosecution's version of events. It appears that the identification evidence of Ms. Bindu Kumar was not such as to convince them beyond reasonable doubt of the guilt of the accused. It appears that there was a reasonable doubt in the accused's guilt, and the benefit of that doubt must go to him.

4. I therefore accept the majority verdict and find that the prosecution has not proven the accused's guilt beyond reasonable doubt on all counts. I therefore discharge the accused from all three counts and acquit him accordingly on all those counts.

5. I take this opportunity to thank all assessors for the time and energy they have all put in, to make a decision, in this case. Thank you.

Salesi Temo

ACTING JUDGE

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

Solicitors for Accused : Gordon & Chaudhary, Suva