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State v Nasila - Sentence [2010] FJHC 530; HAC093.2009 (19 November 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 093 OF 2009

STATE

V

SAIRUSI NASILA

Ms I. Whippy for the State
Mr T. Terere (LAC) for the Accused

Date of Hearing: 17 & 18 November 2010
Date of Sentence: 19 November 2010

SENTENCE

[1] Sairusi Nasila, you were charged with the following offences:

FIRST COUNT

Statement of Offence

ABDUCTION IN ORDER TO SUBJECT A PERSON TO UNNATURAL LUST: Contrary to section 252 of the Penal Code, Cap. 17.

Particulars of Offence

SAIRUSI NASILA on the 11th day of September 2009 at Nadi in the Western Division abducted UNISE TAREGUCI in order to subject her to his unnatural lust.

SECOND COUNT

Statement of Offence

MURDER: Contrary to section 199 and 200 of the Penal Code, Cap. 17.

Particulars of Offence

SAIRUSI NASILA on the 11th day of September 2009 at Nadi in the Western Division murdered UNISE TAREGUCI.

[2] On these two counts you have been found guilty by this Court and convicted.

[3] The horrific facts of this case are that at about 7.00pm on the 11th September 2009 at Nakorokula village near Nadi, you took away Unise from her family compound. You had been a friend of her family and a frequent visitor to that family's home and to that of her grandfather. Unise was 2 years and 11 months old at the time and you told the Police that you had "always admired her when she was naked". You said you took her that night because you wanted to have sex with her. You carried her away – and at the time of carrying her you fondled her genitalia. When you got her home you tied her hands and you touched her privates. You heard her grandfather looking for her and so you covered her mouth with cellotape so she couldn't cry out. You then carried her to the pine forest, following some train tracks. She was crying, you continued to fondle her and you then punched her in the head, in an effort to keep her quiet when you heard others searching for her. You lay her down took her T-shirt and covered her nose and mouth with it to stop her breathing until she died. You said you did this because you want to have sexual intercourse with her. After she had died you took yourself in hand and committed a gross indecency over her little dead body. You then carried her down a hill and hid her in long grass in a very remote spot. This was about 3 o'clock in the morning. You then went back home to sleep.

[4] You were arrested the next day by Police, you confessed in the police vehicle and showed them the body, you gave a full confession in a cautioned interview and in an answer to the formal charge you admitted putting clothes on her face until she died because you "wanted to xxxx her".

[5] The facts of this case are so abominable that it lead to experienced senior police officers having emotional difficulties giving their evidence in Court before me. It is so hard to understand the depravity of people such as yourself.

[6] At the time you were 39 years old, educated to Class 8. You worked as a cane cutter leading a dissolute lifestyle. You have a 7 year old son by a previous casual relationship. You were abandoned by your mother after birth and raised by another woman whom you call mother.

[7] The family and people of your village are quite understandably angry and unforgiving. Even one former friend of yours, the victim's grandmother could not bring herself to identify you in Court because she could not look at you again.

[8] You have been psychiatrically examined in St. Giles Hospital where the doctor found that despite a history of anti-social 'traits" and despite previous polysubstance abuse, you were well aware at the time of what you were doing and that you were sane enough to plead and stand trial. The doctor also said that in his opinion you were feigning psychotic symptoms. I happened to notice during trial that you attempted to behave abnormally and I have no doubt that this was a calculated cynical attempt to influence the Court. You gave evidence before me on a pre-trial matter and in your evidence you demonstrated careful planning of a defence, you understood completely what was asked of you and you were able to give a logical chronological narration of events of 11/12 September 2009. I accept the psychiatrist's opinion that you knew exactly what you were doing and although I do not profess to be a psychiatrist, I find that your behaviour during trial was manipulative, and deceitful.

[9] I am by law mandated to pass a term of imprisonment on you for life for the offence of murder which I do. For the abduction which carries a maximum term of 10 years, I sentence you to ten years to be served concurrently.

[10] In view of the foregoing with its myriad aggravating features, not the least being that the victim was 2 years 11 months, I order you to serve a minimum term of 25 years without parole, in terms of section 18(1) of the Sentencing and Penalties Decree 2009.

[11] You have 30 days to appeal to Fiji Court of Appeal.

P.K. Madigan
Judge

At Lautoka
19 November 2010