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State v Vueti [2013] FJHC 310; HAC159.2012S (27 June 2013)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 159 OF 2012S

STATE

vs

ISIKELI VUETI

Counsels: Mr. S. Nath and Mr. A. Dutt for the State
Mr. S. Waqainabete for Accused

Hearings: 24th, 25th and 26th June, 2013
Summing Up: 27th June, 2013
Judgment: 27th June, 2013

JUDGMENT

1. The three assessors have returned with a unanimous not guilty verdict on the count of rape, and a unanimous not guilty verdict, on the alternative count of defilement.

2. The three assessors obviously have rejected the prosecution's version of events, first, on the rape charge; and second, on the alternative charge of defilement. Obviously, they have found that the prosecution had not proven its case beyond reasonable doubt against the accused.

3. I have reviewed the evidence called in the trial.

4. I have directed myself in accordance with the Summing Up I gave the assessors today.

5. In my view, the assessors' unanimous verdict was not perverse. It was open to them to reach such conclusion on the evidence. I am guided by the unanimous view of the three assessors. I accept their verdict and I find the accused not guilty as charged on the rape matter and not guilty as charged on the alternative charge of defilement.

6. I acquit him accordingly on the above charges.

7. Accused is free to go home.

8. Assessors thanked and released.

Salesi Temo
JUDGE

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