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State v PP - Judgment [2012] FJHC 1311; HAC189.2011 (23 August 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 189 OF 2011

BETWEEN:

STATE

AND:

PP

Counsel: Ms. S. Puamau for the State
Mr. T. Lee for the Accused

Date of Trial: 20th August – 22nd August 2012
Date of Judgment: 23rd August 2012

JUDGMENT

1. Name and identity of the virtual complainant and others were suppressed due to the suppression order issued by me on the request of the State Counsel.
   
2. The Accused PP was charged under Section 207 (1) & (2) (b) of the Crimes Decree for Raping of his step daughter NKS.
   
3. Trial commenced on the 20th August 2012 and concluded on the 22nd August 2012.
4. After the conclusion of the addresses and Summing Up, two out of 3 assessors returned with a verdict of guilty and one assessor found the Accused not guilty.
   
5. I adjourned overnight to consider my judgment.
   
6. The virtual Complainant NKS is a child born on the 24th November 1996, at the time of the incident she is less than 15 years old. According to the evidence before the Court, she is a mentally retarded child attending Sunshine Special School. (a school for the children who are on special needs). It is revealed that her mother also not that mentally matured person.
   
7. The child gave evidence in iTaukei language and sign language. Even though she had not fully learned with the sign language she could communicate with great difficulties. The Court had noted her demenour and it is recorded in the trial proceedings.
   
8. Carefully observing the child in Court it appears that even though she is mentally retarded, this incident had traumatized her. When answering certain questions, she showed deep shock and reluctance.
   
9. There is an eye witness who had seen the incident. I have discussed her evidence in detail in the Summing Up.
   

10. The Accused completely denied the incident and submits nothing happened.

11. After carefully considering the evidence before the Court I find the Prosecution had proved the case beyond reasonable doubt. Hence I agree with the decision of the majority assessors.

12. For the reason discussed in the Summing Up and above I find the Accused PP guilty to the charge of Rape accordingly, I convict the Accused under Section 207 (1) of the Crimes Decree 44 of 2009.

S. Thurairaja
Judge

At Lautoka
23rd day of August 2012

Counsels: The Office of the Director of Public Prosecution for State
Legal Aid Commission for Accused