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State v Raqio - Judgment [2015] FJHC 359; HAC068.2014LAB (14 May 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 068 OF 2014 LAB

STATE

V

NEMANI RAQIO

Counsels: Ms. A. Vavadakua for State
Ms. L. Raisua and Ms. S. Dunn for Accused

Hearings: 12 and 13 May, 2015
Summing Up: 14 May, 2015
Judgment: 14 May, 2015

JUDGMENT

1. The three assessors have returned with a unanimous guilty verdict against the accused on all counts.

2. Obviously, the three assessors have accepted the prosecution's version of events. That meant they have accepted the two complainants' evidence and version of events, on all counts. They had found that the prosecution had proven the accused's guilt beyond a reasonable doubt.

3. I have reviewed the evidence and I have directed myself on the summing up I gave the assessors today.

4. The three assessors' verdict was not perverse. It was open to them to reach such conclusion, on the evidence.

5. Assessors are there to assist the trial judge come to a conclusion on the guilt or otherwise of the accused. I accept the three assessors' verdict. I accept the two complainants' evidence. In my view, they were credible witnesses and they spoke the truth. I reject the accused's denial. He was evasive, when giving evidence. I reject his denial of the charges against him.

6. Given the above, I find the accused guilty as charged on all counts and I convict him accordingly on those counts.

7. Assessors thanked and released.

SalesiTemo
JUDGE

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