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State v Korodrau - Judgment [2014] FJHC 508; HAC219.2012S (10 July 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 219 OF 2012S

STATE

vs

ISEI KORODRAU

Counsels: Mr. T. Qalinauci and Ms. D. Kumar for State
Mr. M. Fesaitu and Ms. K. Vulimainadave for Accused
Hearings: 7, 8 and 9 July, 2014
Summing Up: 10 July, 2014
Judgment: 10 July, 2014

JUDGMENT

1. The three assessors have returned with a unanimous guilty verdict against the accused on all 3 counts ie. aggravated burglary, theft and rape.
   
2. Obviously, the three assessors have accepted the prosecution's version of events. In other words, they have accepted the complainant's version of events. They have accepted her evidence, including her identification evidence. It is not unreasonable to assume that they have accepted that the accused voluntarily confessed to the police, when caution-interviewed and formally charged.
   
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 assessor's verdict was not perverse. It was open to them to reach such conclusion on the evidence.
   
6. Assessors are there to assist the trial judge come to a conclusion on whether or not the accused is guilty as charged. I accept the three assessors' verdict. Through them, the public had spoken. I accept the complainant's evidence that the accused committed aggravated burglary, theft and rape against her. I found her a credible witness.
   
7. I also accept the prosecution's witnesses' evidence on the accused's alleged confession. I accept the police officers' evidence that the accused confessed voluntarily to the crimes he committed against the complainant.
   
8. Given the above, I find the accused guilty as charged on all 3 counts and I convict him accordingly on those counts.
   
9. Assessors thanked and released.
   

Salesi Temo
JUDGE

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