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State v Tiounti - Judgment [2012] FJHC 1127; HAC067.2012 (25 May 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 067 OF 2011S

STATE

vs

ERIBATI TIOUNTI

Counsels : Mr. S. Sovau and Mr. S. Nath for State
Mr. J. Rabuku for Accused
Hearings : 21st to 23rd May, 2012
Summing Up : 25th May, 2012
Judgment : 25th May, 2012

JUDGMENT

1. After a three days trial, the three assessors have returned with a unanimous verdict on both counts. On count no. 1, they unanimously found the accused guilty of "assaulting the complainant thereby causing her actual bodily harm", contrary to section 275 of the Crime Decree 2009. On count no. 2, the assessors unanimously found the accused not guilty of raping the complainant, on 19th February 2011, at Rewa Street, contrary to section 207(1) and (2)(a) of the Crime Decree 2009.
   
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. Obviously, the assessors have accepted the accused's version of events, on count no. 1 and count no. 2.
   
3. In my view, the decisions of the assessors on both counts were not perverse. It was open to them to reach such conclusions, on the evidence. As defence counsel had stated, in his closing submission, the assessors' decision will be based largely on the credibility of the complainant, as against that of the accused. It is the word of the complainant as against those of the accused. It would appear that, the assessors accepted the accused as a credible witness.
   
4. I accept the assessors' unanimous opinion on count no. 1 and 2. I find the accused guilty as charged on count no. 1, and I convict him accordingly, on that count. On count no. 2, I find the accused not guilty as charged, and I acquit him accordingly.
   

Salesi Temo
JUDGE

Solicitor for State : Office of the Director of Public Prosecution, Suva
Solicitor for Accused : Mr. J. Rabuku, Barrister & Solicitor, Suva