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State v Tamanalevu - Judgment [2012] FJHC 1297; HAC344.2011S (20 August 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 344 OF 2011S

STATE

vs

LIVAI TAMANALEVU

Counsels: Ms. J. Cokanasiga for State
Mr. J. Sovau for Accused

Hearings: 13th to 16th August, 2012
Summing Up: 20th August, 2012
Judgment: 20th August, 2012

JUDGMENT

1. The three assessors have returned with a unanimous verdict against the accused, finding him guilty of 2 counts of indecent assault (count no. 1 & 2) and 2 counts of rape (count no. 3 & 4).
   
2. Obviously, the three assessors have accepted the prosecution's version of events and have found that they have proven beyond reasonable doubt the guilt of the accused, on the four counts.
   
3. 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. The verdict of the assessors' was not perverse and it was open to them to reach such conclusion on the evidence.
   
4. I accept the three assessors' unanimous verdict. I find the accused guilty as charged on all four counts and I convict him accordingly on those counts.
   
5. Assessors thanked and released.
   

Salesi Temo
JUDGE

Solicitor for the State: Office of Director of Public Prosecutions, Suva.
Solicitor for Accused: Legal Aid Commission, Suva.