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State v Vunisa [2013] FJHC 559; Criminal Case 009.2012 (21 October 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: 009 OF 2012

STATE

v

USAIA LUTUNAIVALU VUNISA

Counsels: Mr. S. Babitu for the State
The accused in person
Date of Trial : 14 October - 18 October 2013
Date of Judgment : 21 October 2013
(Names of the victims are suppressed. They are referred to as KN and CB)

JUDGMENT

1. The accused was charged under following counts:
   

COUNT 1

Statement of Offence

INDECENT ASSAULT: Contrary to Section 212 (1) of the Crimes Decree, 2009.

Particulars of Offence

USAIA LUTUNAIVALU VUNISA, on the 1st day of January 2012, at Ba in the Western Division, unlawfully and indecently assaulted KN, in that USAIA LUTUNAIVALU VUNISA licked the vagina of KN, a 4 year old.

COUNT 2

Statement of Offence

INDECENT ASSAULT: Contrary to Section 212 (1) of the Crimes Decree, 2009.

Particulars of Offence

USAIA LUTUNAIVALU VUNISA, on the 1st day of January 2012, at Ba in the Western Division, unlawfully and indecently assaulted KN, in that USAIA LUTUNAIVALU VUNISA rubbed his penis against the vagina of KN, a 4 year old.

COUNT 3

Statement of Offence

INDECENT ASSAULT: Contrary to Section 212 (1) of the Crimes Decree, 2009.

Particulars of Offence

USAIA LUTUNAIVALU VUNISA, on the 1st day of January 2012, at Ba in the Western Division, unlawfully and indecently assaulted CB, in that USAIA LUTUNAIVALU VUNISA licked the vagina of CB, a 6 year old.

COUNT 4

Statement of Offence

RAPE: Contrary to Section 207 (1), (2)(a) and (3) of the Crimes Decree, 2009.

Particulars of Offence

USAIA LUTUNAIVALU VUNISA, on the 1st day of January 2012, at Ba in the Western Division, raped CB, in that USAIA LUTUNAIVALU VUNISA used his penis to penetrate the vagina of CB, a 6 year old.

COUNT 5

Statement of Offence

RAPE: Contrary to Section 207 (1), (2) (b) and (3) of the Crimes Decree, 2009.

Particulars of Offence

USAIA LUTUNAIVALU VUNISA, on the 1st day of January 2012, at Ba in the Western Division, raped CB, in that USAIA LUTUNAIVALU VUNISA used his right fore-finger to penetrate the anus of CB, a 6 year old.

ALTERNATE COUNT

Statement of Offence

INDECENT ASSAULT: Contrary to Section 212(1) of the Crimes Decree, 2009.

Particulars of Offence

USAIA LUTUNAIVALU VUNISA, on the 1st day of January 2012, at Ba in the Western Division, unlawfully and indecently assaulted CB, in that USAIA LUTUNAIVALU VUNISA rubbed his right fore-finger along the anus of CB, a 6 year old.

2. All three assessors unanimously found accused guilty of 1-5 of the above charges.
   
3. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the assessors.
   
4. Considering the nature of the evidence before the court, I am convinced that the prosecution had proved the case beyond reasonable doubt.
   
5. I find the verdict of the assessors were not perverse. It was open to them to reach such a conclusion on the evidence. I concur their verdict. Considering all, I find the accused guilty as charged in respect of Count Nos. 1, 2, 3, 4, & 5.
   
6. Accordingly I convict Usaia Lutunaivalu Vunisa for 1st count of Indecent Assault contrary to Section 212 (1) of the Crimes Decree No. 44 of 2009, 2nd count of Indecent Assault contrary to Section 212 (1) of the Crimes Decree No. 44 of 2009, 3rd count of Indecent Assault contrary to Section 212 (1) of the Crimes Decree No. 44 of 2009, 4th count of Rape contrary to Section 207 (1) (2) (a) and (3) of the Crimes Decree No. 44 of 2009, 5th count of Rape contrary to Section 207 (1) (2) (b) and (3) of the Crimes Decree No. 44 of 2009.
   
7. This is the Judgment of Court.
   

Sudharshana De Silva
JUDGE

AT LAUTOKA
On 21 October 2013

Solicitors for the State: Office of the Director of Public Prosecution
Solicitors for the Accused: In Person