IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION
CRIMINAL CASE NO: HAC 076 OF 2018LAB

STATE

V

SAIYAD ALI

Counsels	:	Ms. A. Vavadakua for State  
			Ms. K. Boseiwaqa and Mr. J. Prasad for Accused

Hearings	:	16, 17 December, 2019
Summing Up	:	18 December, 2019
Judgment	:	18 December, 2019

JUDGMENT

1.	The two assessors had returned with a unanimous opinion that the accused was guilty as 	charged.

2.	Obviously they had accepted the prosecution’s version of events. This means that they had 	accepted the prosecution’s witnesses’ evidence. It also meant they had rejected the accused’s 	sworn denials.

3.	I had reviewed the evidence called in the trial and I had directed myself in accordance with the 	summing up I gave the assessors today.
4.	Assessors are there to assist the trial judge come to a decision of whether or not the accused 	was guilty as charged. The assessors represent the public and their opinions must be treated 	with respect.

5.	In my view, after listening to all the witnesses from the prosecution and the defence, including 	the prosecution’s exhibits, I am persuaded to accept the prosecution’s version of events. I 	accept PW1’s evidence. In my view, the accused voluntarily and out of his own free will 	confessed to the crime of arson. I reject his denials. He was a very evasive witness and I thus 	find his version of events not credible.

6.	Like the assessors, I accept that he gave his confessions freely to PW1 and they were the 	truth. He made no complains to the Magistrate Court or High Court when he first appeared 	before them.

7.	I accept the two assessors’ guilty opinion and I find the accused guilty as charged. I convict him 	accordingly of the crime of arson.

8.	Assessors thanked and released.

								Salesi Temo
								    JUDGE

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