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State v Kumar - judgment [1995] FJHC 161; Hac0014j.94s (30 October 1995)

IN THE HIGH COURT OF FIJI
(AT SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0014 OF 1994

BETWEEN:

STATE

-v-

SEET KUMAR

CHARGE: Manslaughter: Contrary to Section 198 of the Penal Code, Cap.17.

Ms. I. Rice for the State
Mr. V. Maharaj for the Accused

JUDGMENT

I do not see any reason for disagreeing with the unanimous opinion of three Assessors. They have heard the evidence including the evidence of Dr.Singh who has expressed the view that accused was insane at the time of the incident. The three assessors are entitled to come to the opinion to which they have come on the evidence given by the lay witnesses.

In a case like this, I have no option but to remand the Accused to the custody of the prisons pending the order of His Excellency, The President under Section 150 of the Criminal Procedure Code.

I also direct that a copy of my judgment be forwarded to His Excellency, The President and until the President's order is known, the prison should keep the Accused in custody.

[S W Kepa]
JUDGE

30th October, 1995.

HAC0014J.94S