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State v Koya [2016] FJMC 39; Criminal Case 132.2015 (18 March 2016)

IN THE MAGISTRATES' COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 132/2015
(HAC: 41/2015 )

STATE

V

ABASH KOYA

For the Prosecution: Ms.Ello (ODPP)
The Accused: In Person

Date of Hearing: 17th of March 2016
Date of Ruling: 18th of March 2016

RULING ON VOIR DIRE

1. The accused is charged with one count of Act with intend to Cause Grievous Harm contrary to section 255(a) of the Crimes Decree No 44 of 2009.
   
2. The accused has made some admissions in his caution statement and even though he informed previously that the statement was voluntarily I conducted a voir-dire to decide about the admissibility of this statement.
   
3. For the Prosecution only the interviewing officer gave evidence and said the accused was given all the rights and there were no threat, force or assault by him for the interview. The accused gave the statement voluntarily. The accused did not change the interview after it was concluded.
   
4. In his evidence the accused said the interviewing officer wrote a something different to what he said in some parts of the interview. Here the accused is alleging about fabrication and this has to be decided in the trial proper and not at this stage.
   
5. And having considered the available evidence I am satisfied beyond reasonable doubt that the accused gave his caution statement voluntarily and there were no breaches of his rights. Therefore this statement is admissible in the trial proper.
   

Shageeth Somaratne
Resident Magistrate