IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO: HAC 136 of 2010

BETWEEN

STATE
Prosecution

AND

NIKO VILA
The Accused

Dates of Trial: 27-28 February 2012
Date of Summing-Up: 29 February 2012
Date of Judgment: 29 February 2012

Ms S Paumau for the State
Mr T Terere for the Accused 

(Name of the victim is suppressed. She will be referred to as AV.)

JUDGMENT

1.	The accused stood charged with having committed the offence of rape punishable under Section 207 (1) (2) (b) of the Crimes Decree No. 44 of 2009. The charge was sequel to an act of insertinga finger of the accused into the vagina of one AV on 25 September 2010 at Nadi, Western Division, according to the information of the Director of Public Prosecutions dated 11 November 2010.

2.	The victim-AV was 6 years of age, while the accused was 66 years of age at the time of the incident. The accused, who was a grandfather of the victim, was living in the village of Uto in Nadi with his extended families.

3.	At the trial, the victim-AV gave evidence and said that she was called in by Tai (meaning grandfather) Niko showing her some beans around 1.00 p.m. on 25 September 2010. She was, thereafter, taken inside the house of the accused where her underpants were removed.The accused then touched and fondled her vagina after making her lie on a bed. Immediately after the act, AV stood-up and ran up to one Marica Tawakuru under whose care the victim-AV was, as her parents were away at work. Upon being asked where she was, the victim narrated the incident to witness-Marica, who in turn conveyed that to witness-Iliana Adi, a grandmother of the victim living in the same neighborhood.

4.	Upon a complaint being made at Nadi Police Station, the victim was examined by Dr. Ms Tierre Konrote on a Police Medical Examination Form. The doctor found redness on the vaginal area and also a perforated hymen.

5.	The accused at the close of the prosecution's case testified on his own behalf and said that he was all alone at home at the time of the day of the alleged incident. He admitted giving only an affectionate kiss to her granddaughter and denied any act of touching or penetrating the vagina of the victim-child.

6.	The assessors, having had the opportunity of hearing the evidence both of the prosecution and the accused, returned unanimous opinions of guilt against the accused in respect of the charge of rape punishable under Section 207 (1) (2) (b) of the Crimes Decree No. 44 of 2009.

7.	Having regard to the evidence of the witnesses and that of the doctor, I am of the view that it was open for the assessors to form such opinions of guilt against the accused.

8.	I considered the evidence and my summing-up on the law and concur with the assessors. I, accordingly, convict the accused of the charge of rape under Section 207 (1) (2) (b) of the Crimes Decree No. 44 of 2009.

Priyantha Nāwāna
Judge
High Court
Lautoka
29 February 2012