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State v Rabutoro - Judgment [2015] FJHC 992; HAC205.2014S (10 December 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 205 OF 2014S

STATE

vs

1. JOVECI RABUTORO
2. SEREVI DEGEI
3. LEDUA RARAWA
4. ETONIA VOSA
   

Counsels : Mr. M. Vosawale and Ms. Bogitini for State
Ms. P. Lal for Accused No. 1
Mr. S. Waqainabete for Accused No. 2
Ms. P. Chand for Accused No. 3
Ms. R. Drau for Accused No. 4

Hearings : 2, 3, 4, 7 and 8 December, 2015
Summing Up : 10 December, 2015
Judgment : 10 December, 2015

JUDGMENT

1. The three assessors had returned with an unanimous opinion finding all four accuseds guilty of raping the complainant at the Ritz Nightclub in Suva on 26 June 2014.
   
2. Obviously the three assessors had accepted the prosecution's version of events. It appeared they had accepted the complainant's version of events.
   
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 three 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 accuseds.
   
6. On the evidence, I agree with the three assessors' opinion. I find the complainant a credible witness and I accept her evidence and version of events. I find Accused No. 1, 2 and 3 as not credible witnesses. I reject their sworn denials.
   
7. Given the above, I accept the three assessors' unanimous guilty opinions and I find all the accuseds guilty as charged and I convict all of them accordingly.
   
8. Assessors thanked and released.
   

Salesi Temo

JUDGE

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

Solicitor for Accused No. 1 : Office of the Legal Aid Commission, Suva.

Solicitor for Accused No. 2 : Office of the Legal Aid Commission, Suva.

Solicitor for Accused No. 3 : Office of the Legal Aid Commission, Suva.

Solicitor for Accused No. 4 : Ms. R. Drau, Barrister and Solicitor, Suva.