Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Masirewa [2013] FJMC 242; Criminal Case 982.2009 (18 June 2013)

IN THE MAGISTRATES COURT AT NASINU

Criminal Case No. 982/2009

STATE

-v-

MOSESE MASIREWA

Police Inspector joji Cakau for the prosecution
The accused appeared in person

Judgment

1] The accused pleaded not guilty to following charge, namely;

CHARGE:

FIRST COUNT

Statement of Offence [a]

INDECENT ASSAULT: Contrary to Section 154 (1) of the Penal Code Act 17.

Particulars of Offence [b]

MOSESE MASIREWA on the 7th day of May, 2008 at Nasinu in the Central Division unlawfully and indecently assaulted Ilisapeci Adisovanatabua.

SECOND COUNT

INDECENT ASSAULT: Contrary to Section 154 (1) of the Penal Code Act 17

Particulars of Offence [b]

MOSESE MASIREWA on the 8th day of May, 2008 at Nasinu in the Central Division unlawfully and indecently assaulted Ilisapeci Adisovanatabua.

2] The case was heard on 12th April 2013. The victim PW1 Ilisapeci Adisovanatabua refused to give sworn evidence against the accused, when matter is taken up. The relationship is between the victim and the accused father and the daughter.

3] In the court PW1 questioned on oath:

"Ilisapeci Adisovana Tabua do you recall sometimes in 2008 you have made complaint against one Mosese Masirewa? Yes Sir.

And for that complain you are here in Court this morning? Yes Sir.

Today is set for trial in this matter, are you willing to give any evidence regarding the charging of Mosese Masirewa? Sir I have nothing to say".

4] The Prosecution then closed its case. The court asked the victim whether she was forced by someone not to tell evidence. The PW1 said that she was not forced by anybody, though it was happened, she did not want to give evidence. The victim is now 19 years old. She may be a compellable witness. But if the court forces her to give evidence and then she refuses to give evidence that refusal will go against her. She might me charged for contempt. The victim was only touched and no grievous sexual assault had been taken. I do not comment the incident since the accused strongly deny the allegation.

5] I hold the prosecution did not produce any case against the accused. The charges have not been proved beyond reasonable doubt. The accused denied the allegation. He said that the charge was leveled against him coaching of the witness by one Tevita Sautuca, who is in remand at the moment. There no elements of charge have been proved.

6] I hold there is no case to answer. The accused is acquitted and discharged under section 178 of the Criminal Procedure Decree 2009.

On 18th June 2013, at Nasinu, Fiji Islands

Sumudu Premachandra
Resident Magistrate-Nasinu