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State v Vakatawabai - Jugdment [2014] FJHC 87; HAC223.2012 (24 February 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 223/2012

BETWEEN:

THE STATE

AND:

ABELE VAKATAWABAI

COUNSEL : Mr M Vosawale and Ms M Khan for the State
Ms N Nawasaitoga for the Accused

Dates of Trial: 19-20/02/2014
Date of Summing Up: 21/02/2014
Date of Judgment: 21/02/2014

[Name of the victim is suppressed. She will be referred to as I.S]

JUDGMENT

1. The three assessors have expressed unanimous opinion that the accused is guilty of the charge of Rape. The unanimous opinion is completely tenable on the basis of evidence considered in accordance with the legal directions that have been made.
   
2. The victim said that she was raped by the accused in the year 2010. She was 8 years old at the time of the offence. After having sexual intercourse, the accused had threatened her with death to prevent her from informing the incident to her parents.
   
3. The accused giving evidence in court admitted that he had sexual contact with the victim in the year 2010. He admitted this in his caution interview statement which had been tendered to the court with consent.
   
4. I have considered and evaluated the evidence, applying legal principles contained in my summing-up to the assessors.
   
5. It is also my decision that the accused is guilty of the charge of Rape.
   
6. The judgement of this court is that that the accused is guilty of Rape of I.S. He is convicted accordingly.
   

P Kumararatnam
JUDGE

At Suva
21/02/2014