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State v Latu - Jugment [2011] FJHC 354; HAC134.2010 (22 June 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC134 of 2010

STATE

v.

WALTER LATU

Hearing Dates: 21 – 22 June 2011
Judgment: 22 June 2011

Counsel: Ms T. Leweni for State
Ms N. Nawasaitoga for Accused

JUDGMENT

[1] The assessors have expressed unanimous opinion that the Accused is not guilty of rape as charged. The only issue is whether the complainant consented to sexual intercourse.

[2] In this regard, I accept the evidence of the Accused over the complainant's evidence. I observed the demeanour of the Accused when he gave evidence. He struck me as a truthful witness. I accept his evidence that the sexual intercourse that took place between him and the complainant on 5 June 2010 was with her consent.

[3] Having directed myself in accordance with the law and the evidence contained in my summing up, I accept the unanimous opinion of the assessors and find the Accused not guilty of rape as charged. Accordingly, the Accused is acquitted of the charge.

Daniel Goundar
JUDGE

At Suva
22 June 2011

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