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State v Nate [2011] FJHC 580; HAC094.2011 (19 August 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 094 OF 2009

BETWEEN:

THE STATE

AND:

1. SEMI NATE
2. MELI VALETIRI
   

Counsel: Mr. J. Daurewa for the State
Ms. N. Nawasaitoga for 1st Accused
Accused 2 and Accused 3 in Person

Date of Summing Up: 19th August 2011
Date of Judgment: 19th August 2011

JUDGMENT

1. Following the trial lasting for 10 days, the assessors have returned with the verdict of guilty on all 3 Counts mentioned in the information against the 1st Accused Semi Nate and 2nd Accused Meli Valetiri.

2. During the trial the Learned DPP had entered Nolle Prosequi against the 3rd Accused and he was discharged by this Court.

3. 1st and 2nd Accused were charged by the Director of Public Prosecution as follows:

"SEMI NATE and MELI VALETIRI are charged with the following offence:

FIRST COUNT

Statement of Offence

ROBBERY: Contrary to section 293(1) (a) of the Penal Code, Cap 17.

Particulars of Offence

SEMI NATE and MELI VALETIRI together with others when armed with an offensive weapon, on the 26th day of August, 2009 at Nabua in the Central Division, robbed FENG LI of FJD $210.00 cash, a Nokia mobile phone worth $199.00 all to a total value of FJD $409.00.

SECOND COUNT

ROBBERY: Contrary to section 293 (1) (a) of the Penal Code, Cap 17.

Particulars of Offence

SEMI NATE and MELI VALETIRI together with others when armed with an offensive weapon, on the 26th day of August, 2009 at Nabua in the Central Division, robbed JACK FONG of FJD $150.00 cash, a Nokia Mobile phone valued at FJD $700.00 with a call credit of FJD $7, and a Nokia mobile phone valued at FJD $100.00.

THIRD COUNT

Statement of Offence

ROBBERY: Contrary to section 293 (1) (a) of the Penal Code, Cap 17.

Particulars of Offence

SEMI NATE and MELI VALETIRI together with others when armed with an offensive weapon, on the 26th day of August, 2009 at Nabua in the Central Division, robbed GUANG DONG CHEN of a Blackberry Mobile phone valued at FJD $1,299, Brown wallet valued at FJD $20.00, FJD $2,700 cash, USD $149 cash, AUD$50 cash, LTA Driving License, ANZ Bank Card, Colonial national Bank Card, FEA Prepay Card and Tappoos Gift Card."

4. I adjourned to consider my judgment. I direct myself in accordance with the law contained in my summing up which I made to the assessors today.

5. At the beginning of the trial a voir dire inquiry was held to determine the admissibility of the statement made by the 1st and 2nd Accused to the Police at the caution interview. Both accused persons had admitted their participation in the offence. After carefully considering the evidence this court had permitted the prosecution to adduce the statements as evidence in Court.

6. When the trial was taken up the 1st Accused and 2nd Accused submitted that the statements were taken under assault, threat and intimidation but the assessors unanimously disbelieved the same and accepted the contents of the statements.

7. This Court finds that the Prosecution had proved the case against the 1st and 2nd Accused persons beyond reasonable doubt.

8. This Court finds the verdict of the assessors were not perverse. It was open to them to reach such a conclusion on the evidence. This Court accepts their verdict.

9. Considering all this Court finds both the 1st Accused Semi Nate and 2nd Accused Meli Valetiri guilty as charged.

10. Accordingly this Court convicts the 1st Accused Semi Nate and the 2nd Accused Meli Valetiri as charged in the information.

S Thurairaja
Judge

At Suva

Solicitors
Office of the Director of Public Prosecution for State
Office of the Legal Aid Commission for the 1st Accused
2nd Accused In Person