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State v Cama - Judgment [2015] FJHC 758; HAC079.2013S (21 May 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 079 OF 2013S

STATE

V

NAIBUKA CAMA

Counsels : Mr. M. Vosawale and Ms. M. Khan for State
Mr. J. Savou for Accused
Hearings : 19 and 20 May, 2015
Summing Up : 21 May, 2015
Judgment : 21 May, 2015

JUDGMENT

1. The assessors had returned with a unanimous guilty verdict against the accused for the manslaughter of Netava Buke Draunidalo.
   
2. Obviously the assessors had accepted the prosecution's version of events and had found that they had proven the accused's guilt beyond a reasonable doubt.
   
3. I have reviewed the evidence called in this 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.
   
6. On my analysis of the evidence, I agree with the assessors' verdict. I find the prosecution's witnesses credible and I accept their evidence. I am also of the view that self-defence does not apply in this case.
   
7. On the basis of the above, I find the accused guilty as charged and I convict him accordingly.
   
8. 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.