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State v Nand - Judgment [2012] FJHC 1084; HAC039.2010 (14 May 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 039 OF 2010S

STATE

vs

SATYA NAND
f/n Ram Sukh

Counsels : Ms. J. Cokanasiga for State
Mr. R. Chaudhry for Accused
Hearings : 8th to 11th May, 2012
Summing Up : 14th May, 2012
Judgment : 14th May, 2012

JUDGMENT

1. After a trial lasting approximately 4 days, the three assessors have returned with a unanimous verdict that, Mr Satya Nand is not guilty of burning down his house, on 25th November 2009, contrary to section 317 (a) of the Penal Code, Chapter 17.
   
2. It was obvious that the assessors have not accepted the prosecution's version of events. They have found that the prosecution has failed to prove its case beyond reasonable doubt.
   
3. The opinions of the assessors were not perverse. It was open to them to reach such conclusion on the evidence. I have reviewed the evidence called in this trial, and I have directed myself, in accordance with the Summing Up I gave the assessors today.
   
4. I agree with the three assessors, and I find the accused not guilty as charged, and I acquit him accordingly.
   

Salesi Temo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecutions, Suva
Solicitor for Accused : Gordon & Chaudhry, Barristers & Solicitors, Suva