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State v Turagakece [2014] FJHC 400; HAC252.2012S (5 June 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 252 OF 2012S

STATE

vs

SAVENACA TURAGAKECE

Counsels : Mr. S. Nath and Ms. W. Elo for the State
Mr. M. Fesaitu for Accused

Hearings : 2, 3 and 4 June, 2014
Summing Up : 5 June, 2014
Judgment : 5 June, 2014

JUDGMENT

1. The three assessors have unanimously found the accused guilty as charged, on count no. 2, 3, 5 and 8. On count no. 7, the majority have found the accused guilty as charged.
   
2. Obviously, the three assessors have accepted the prosecution's version of events, on count no. 2, 3, 5 and 8. The majority of the assessors have accepted the prosecution's version of events on count no. 7.
   
3. 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.
   
4. The assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.
   
5. Assessors are there to assist the trial judge come to a decision on the guilt or otherwise of the accused. I agree with the unanimous guilty opinions of the assessors on counts no. 2, 3, 5 and 8. I also agree with the majority view of the assessors on count no. 7.
   
6. I accept the complainant's evidence on the rape allegations in counts no. 2, 3, 5, 7 and 8. I find her a credible witness – she was forthright and was not evasive, when answering questions. I accept her evidence that the accused raped her, as she alleges in counts no. 2, 3, 5, 7 and 8.
   
7. I also accept the accused's confession in his police caution interview that he had sex with the complainant, as alleged. I reject the accused's denials. In my view, the accused was very evasive when answering questions from the prosecution. I find him not to be a credible witness, and I reject his denying the complainant's allegations.
   
8. I accept the doctor's evidence and the complainant's mother's evidence.
   
9. I find the prosecution had proven its case against the accused on count no. 2, 3, 5, 7 and 8 beyond a reasonable doubt and I find the accused guilty as charged on those counts and I convict him accordingly.
   
10. Assessors thanked and released.
    

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Suva.

Solicitor for the Accused : Legal Aid Commission, Suva.