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State v Kaisau [2003] FJHC 197; HAC0018J.2002S (6 August 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0018 OF 2002

STATE

v.

APETE BAULEKA VAKANANUMI KAISAU

Hearing: 4th August 2003
Judgment: 6th August 2003

Counsel: Mr. G. Allen with Mr. D. Toganivalu for State
Mr. K. Muaror with Mr. A. Herman for Accused

JUDGMENT

The assessors have given their unanimous opinions that the accused person is not guilty by reason of insanity in respect of both Counts on the Information. Their opinions are entirely consistent with the compelling evidence of the two psychiatrists in this case and I have no hesitation in agreeing with them.

This was a case which gripped the attention not only of the entire nation, but of the international community. Both deceased men were well-known in the Fiji community and Mr. John Maurice Scott was particularly well-known and respected as Executive Director of the Fiji Red Cross. The savagery of the attack on them which led to their deaths, caused great shock to the community. With this trial, it is now apparent that the accused killed both men whilst suffering from a mental illness called schizophrenia and that the killings were motivated by delusions that he was acting on the instructions of God.

I accept that the accused, who undoubtedly caused the deaths of John Maurice Scott and Gregory Gene Scrivener, did so whilst insane. I therefore order, pursuant to section 150 of the Criminal Procedure Code that Apete Kaisau be held in the custody of the St. Giles Hospital until such time as His Excellency the President orders his confinement in a place of safe custody. A report of this case and its findings will be sent to His Excellency forthwith together with a copy of my summing up and judgment.

Nazhat Shameem
JUDGE

At Suva
6th August 2003