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State v Panapasa [2011] FJHC 695; HAC034.2009 (2 November 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC034 of 2009

STATE

v.

AKANISI PANAPASA

Hearing: 17 – 31 October 2011
Judgment: 2 November 2011

Counsel: Ms N. Tikoisuva for State
Mr. K. Shah for Accused

JUDGMENT

[1] The assessors have expressed unanimous opinions that the Accused is guilty of the three counts of larceny by servant charged in the Amended Information by the Director of Public Prosecutions.

[2] I direct myself in accordance with the law and evidence contained in my summing up.

[3] On all three counts, the real issue is whether the Accused dishonestly took monies belonging to her employer without the owner's consent and with the intention to permanently deprive the owner of its property.

[4] The prosecution case is substantially based on confession of the Accused and circumstantial evidence.

[5] As for the facts, I accept the evidence of Ashwin Arjun, Ugeshma Devi, Nitesh Niranjan and Anuradha Singh. I further accept the evidence of the three police officers who recorded the confession of the Accused. These prosecution witnesses struck me as truthful and reliable witnesses.

[6] I reject the evidence of the Accused. She was evasive and selective in her answers during her cross examination by the prosecutor. Her witness Amit Singh did not help her defence. The Accused's defence is a complete denial of the charges.

[7] I find the accused was an employee of Budget Rent A Car. Between 2006 and 2008, she was the supervisor and manager at the Walubay branch.

[8] I find the Accused was solely responsible for the banking of the monies received by Budget Rent A Car on rental agreements by virtue of her position as the supervisor and the manager at the Walubay branch.

[9] I find over the period of two and half years from 2006 to 2008, the accused took for her own use the short banking amounts identified by Ashwin Arjun in his audit reports.

[10] I find the Accused posted false entries in the Daily Banking Reports and directed false entries to be made in the Cash Summary to conceal the theft and to avoid detection.

[11] I find the Accused made a confession to the police and her confession is true. I reject her evidence that she signed the confession under duress.

[12] On each count, I am satisfied of the guilt of the Accused beyond a reasonable doubt.

[13] On count 1, I convict the Accused for stealing $16,225.60, the property of Budget Rent A Car.

[14] On count 2, I convict the Accused for stealing $12,001.00, the property of Budget Rent A Car.

[15] On count 3, I convict the Accused for stealing $20,647.50, the property of Budget Rent A Car.

Daniel Goundar
JUDGE

At Suva
2 November 2011

Solicitors:
Office of the Director of Public Prosecutions for State
Messrs. Shah & Associates for Accused