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State v Lutumailagi - Judgment [2012] FJHC 943; HAC022.2008 (1 March 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 022 OF 2008

BETWEEN:

STATE

AND

TEMO LUTUMAILAGI

Counsels : Ms. L. Vateitei for the State
Accused In person

Date of Trial : 20/02 – 29/02/2012
Date of Summing Up: 29/02/2012.
Date of Judgment : 01/03/2012

JUDGMENT

1. The trial commenced on the 20th February 2012 and concluded on the 29th February 2012.
   

2. Originally the accused abovenamed and two others were charged for Robbery with Violence and the accused is charged for Murder. After the prosecution case was concluded all three accused persons was acquitted for lack of evidence for the offence of Robbery with Violence.

3. Trial continued against this accused for the charge of Murder. At the end of the trial all three assessors unanimously found the accused guilty for the offence of Murder punishable under Section 199 and 200 of the Penal Code (Cap.17).

4. I adjourned overnight to consider my judgment.

5. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the assessors.

6. The accused was charged under Section 199 and 200 of the Penal Code. Prosecution should prove all elements beyond reasonable doubt.

7. After the voir dire was before my brother Judge the statement made by the accused to the Police at the cautioned interview was allowed.

8. The Prosecution had produced the caution interview statement and proved the truthfulness of the same through independent evidence.

9. Considering the nature of the evidence before this court I am convinced that the Prosecution had proved the case beyond reasonable doubt.

10. I find the verdict of the assessors were not perverse. It was opened to them to reach such a conclusion on the evidence. I accept their verdict.

11. Considering all I find the Accused guilty as charged.

12. Accordingly I convict the accused Temo Lutumailagi for the offence of Murder punishable under Section 199 and 200 of the Penal Code Cap. 17 as charged.

S. Thurairaja

JUDGE

At Lautoka

01 March 2012