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State v Waqasaqa - Judgment [2015] FJHC 463; HAC059.2014LAB (24 June 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION
CRIMINAL CASE NO: HAC 059 OF 2014LAB

STATE

V

MOSESE WAQASAQA

Counsels : Mr. L. Fotofili for State
Ms. L. Raisua for Accused

Hearings : 22 and 23 June, 2015
Summing Up : 24 June, 2015
Judgment : 24 June, 2015

JUDGMENT

1. The three assessors have returned with an unanimous verdict finding the accused guilty of raping her granddaughter (PW1) four times in 2008, 2010, 2013 and 2014.

2. Obviously, the three assessors had accepted the prosecution's version of events and had found the case proven beyond reasonable doubt against the accused. It appeared that they had accepted the complainant's evidence and her version of events.

3. I have reviewed the evidence called in the trial and I had 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 opinion of the assessors. In my view, the complainant was a credible witness and I accept her evidence and her version of events. In my view, the accused's evidence was not credible and I reject his denials.

6. Given the above, I find the accused guilty as charged on all counts and I convict him accordingly on those counts.

7. Assessors thanked and released.

SalesiTemo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Labasa
Solicitor for the Accused : Office of the Legal Aid Commission, Labasa