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State v Sami - Judgment [2015] FJHC 390; HAC161.2013S (2 April 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 161 OF 2013S

STATE

vs

VICKY ANAND SAMI

Counsels : Mr. M. Vosawale for State
Mr. J. Reddy for Accused
Hearings : 31 March and 1 April, 2015
Summing Up : 2 April, 2015
Judgment : 2 April, 2015

JUDGMENT

1. The three assessors have found the accused guilty of raping the complainant on 20.3.13.
   
2. Obviously, they had accepted the prosecution's version of events. They had accepted the complainant's evidence. They had found that the prosecution had proven the accused's guilt beyond a reasonable doubt.
   
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 conclusion on the guilt or otherwise of the accused. I accept the three assessors opinion that the accused is guilty as charged. I accept the complainant's evidence on the charge of rape. She was a credible witness. Her evidence was supported by PW2 and DW3's medical evidence. I reject the accused's denial. He was not a credible witness.
   
6. Given the above, I find the accused guilty as charged and I convict him accordingly.
   
7. Assessors thanked and released.
   

Salesi Temo

JUDGE

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

Solicitor for Accused : Reddy & Nandan Lawyers, Suva.