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State v Vatubuli [2020] FJHC 578; HAC188.2019S (28 July 2020)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 188 OF 2019S

STATE
Vs

VANI VATUBULI

Counsels : Mr. N. Sharma and Ms. W. Elo for State
Mr. K. Prasad for Accused
Hearings : 23, 24 and 27 July 2020.
Summing Up : 28 July, 2020.
Judgment : 28 July, 2020.

______________________________________________________________________________

JUDGMENT
______________________________________________________________________________

1. The three assessors had returned with a unanimous opinion finding the accused guilty as charged.
   
2. Obviously, the three assessors had accepted the prosecution’s version of events and had found the accused guilty as charged. That also meant that they accepted the complainant’s evidence and version of events. It also meant they had rejected the accused’s sworn denials.
   
3. I had reviewed the evidence called in the trial and directed myself in accordance with the summing up I gave the assessors today.
   
4. The assessors’ opinion 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 decision on whether or not the accused was guilty as charged. Assessors represent the public and their opinions must be treated with respect.
   
6. Like the assessors, I accept the complainant’s evidence and version of events. She was more credible than the accused as a witness. I reject the accused’s sworn denials. In my view, she was not a credible witness.
   
7. I also reject DW2’s evidence. In my view, she was not telling the truth. I accept PW2’s evidence. She was also a credible witness.
   
8. Given the above, I accept the three assessors’ opinion and I find the accused guilty as charged and convict her accordingly.
   
9. Assessors thanked and released.
   

Salesi Temo

JUDGE

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