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State v Tuivuya [2003] FJHC 184; HAC0015D.2002S (22 October 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0015 OF 2002S

STATE

v.

WAISALE TUIVUYA

Counsel: Mr. W. Kuruisaqila for State
Mr. A. Singh for Accused

Hearing: 20th October 2003
Ruling: 22nd October 2003

RULING

A previous inconsistent statement is admissible to show consistency and credibility. It is not enough to show that the inconsistencies exist. The issues must be relevant to the facts in issue.

In this case the statement of 19th September contains two omissions and one inconsistency which are highly relevant. They are also relevant to the assessment the court may make of the weight to be put on the evidence of this witness.

The assessors will be warned that a previous inconsistent statement is not evidence, only a tool to assess credibility.

The statement is admitted and marked D.Ex. 3.

Nazhat Shameem
JUDGE

At Suva
22nd October 2003