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State v Caucau. - Judgment [2015] FJHC 760; HAC226.2013S (27 May 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 226 OF 2013S

STATE

V

SELE CAUCAU

Counsels : Mr. Y. Prasad for State
Mr. J. Savou for Accused
Hearings : 25 and 26 May, 2015
Summing Up : 27 May, 2015
Judgment : 27 May, 2015

JUDGMENT

1. The assessors have returned with a unanimous not guilty verdict for the murder of Maika Tuinakelo on 19 May 2013, but had unanimously found him guilty of the lesser offence of the manslaughter of Maika Tuinakelo.
   
2. The assessors had obviously rejected the prosecution's version of events on the murder charge and thus had found the accused not guilty as charged on murder.
   
3. However, they have found the accused guilty of the manslaughter of Maika Tuinakelo.
   
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 find the unanimous opinion of the three assessors as acceptable. I agree with them and I accept their unanimous opinion.
   
7. Based on the above, I find the accused not guilty of the murder of Maika Tuinakelo, but guilty of his manslaughter on 19 May 2013.
   
8. I acquit the accused of the murder of Maika Tuinakelo. I convict him of the manslaughter of Maika Tuinakelo.
   
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.