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State v Salacakau [2006] FJMC 5; Criminal Case No 377 of 2003 (6 February 2006)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA

Criminal Case No. 377 of 2003

STATE

V

JIUTA SALACAKAU
&
JOJI SOLE

JUDGMENT

Both accused in this case have been charged for Warehouse breaking with intent to steal, Contrary to S302 of the Penal Code.

Particulars are on 27th January 2003 at Lami they entered the Warehouse of C J Patel and Company at Lami with intent to steal.

Prosecution evidence is the second accused was seen by the security guard inside the fenced compound around 11pm. At night of 27th January 2003 the security asked him why he was there. The second accused who was the guard’s cousin said "he just came around alone".

The guard noticed a broken wall where screws were removed and entry made through the wall. He turned to the accused 2 but noticed he was gone. He didn’t see accused one. Matter was reported. Boxes were not removed from the Warehouse as the guard was alerted.

The first accused elected to remain silent and called no witnesses. The second accused gave sworn evidence. He also called his wife as a witness. She sat inside court during the trial.

Both accused accepted the caution interview as voluntarily given to police. In the interview they admitted going to the C J Patel Warehouse to steal. They described how they jumped off fence and left when security got alerted. This evidence alone is sufficient to find them guilty.

I have considered whole of the evidence. I am satisfied beyond reasonable doubt that accused persons planned and entered the warehouse while A2 tried to keep the guard busy. He also tried to mislead by stating in evidence that he lived inside the C J Patel compound and not outside it. However, he later admitted he lived outside the fence and was there unlawfully.

I reject the ‘wife’s’ evidence who was only in court to favour her husband. She was also sitting in court through out the proceedings.

They entered the warehouse but could not steal as the guard came to know of their presence and went to alert police.

Prosecution has proved its case beyond reasonable doubt.

Both accused are found guilty as charged.

Dated this 6th day of February 2006.

Ajmal G Khan
RESIDENT MAGISTRATE