IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 166 OF 2013S

STATE

vs

NARESH NARAYAN

Counsels : Mr. M. Delaney and Mr. M. Vosawale for State
Mr. J. Waqainabete and Ms. S. Prakash for Accused 
Hearings :  3 to 7, 10 and 11 August, 2015
Summing Up : 13 August, 2015
Judgment : 13 August, 2015

JUDGMENT

1.	The four assessors have returned with a unanimous guilty verdict against the accused on the two arson charges (counts no. 1 and 2) and the 3 murder charges (counts no. 3,4 and 5).

2.	Obviously, the four assessors had accepted the prosecution's version of events. They have accepted the prosecution's witnesses' evidence as credible.

3.	It would appear that they had accepted the accused's alleged confession in his video caution interview and had accepted that it was given voluntarily by him and they were the truth.

4.	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.

5.	The assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.

6.	Assessors are there to assist the trial judge come to a conclusion on the guilt or otherwise of the accused. I accept the four assessors' unanimous opinion. I accept the accused alleged confession and I find he gave it voluntarily and they were the truth. I accept that he committed arson in count no. 1 and 2. I also accept that he murdered his wife and two children on 25 March 2013, as alleged in count no.3, 4 and 5. I accept the evidence of the prosecution's witnesses and I find them credible.

7.	I find that the defence of mental impairment is not available to him, although he was suffering from a mental illness. I find he knew the nature and quality of his conduct; knew that his conduct was wrong and had control over the conduct, at the material time, when he burnt his house and when he murdered his wife and two children.

8.	Given the above, I accept the assessors' unanimous opinion and find the accused guilty as charged on all counts and I convict him accordingly on those counts.

9.	Assessors thanked and released.

Salesi Temo
JUDGE

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