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State v Sigabana - Judgment [2015] FJHC 422; HAC212.2013 (28 May 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO: HAC 212 of 2013
BETWEEN:

STATE
Prosecution

AND:

SEVANAIA SIGABANA
The Accused

JUDGMENT

[1] The Accused is charged under following two counts:

First count

Statement of Offence

Rape - contrary to section 207(1) and (2)(b) of the Crimes Decree No. 44 of 2009

Particulars of the Offence

Sevenaia Sigabana on the 7th day of April 2013 at sector 4,Lomaivuna, Naitasiri, in the Eastern Division, penetrated the vagina of Lanieta Adimaibure with his fingers, without the consent of the said Lanieta Adimaibure

Second Count

Statement of Offence

Indecent Assault – contrary to section 212 of the Crimes Decree No. 44 of 2009

Particulars of the Offence

Sevenaia Sigabana from the 28thday of April 2013 to the 18th day of May 2013 at sector 4 Lomaivuna, Naitasiri, in the Eastern Division, unlawfully and indecently assaulted Lanieta Adimaibure.

[2] The three assessors unanimously found accused guilty of the two counts against him.

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

[4] Considering the nature of the evidence before the court, I am convinced that the prosecution had proved the case beyond reasonable doubt.

[5] Prosecution case was based on the evidence of the victim. She was 18 years old at the time of the incident. Accused is her step-father. The accused had inserted his fingers into the vagina of Lanieta Adimaibure when she was sleeping on her bed in the morning hours of 7th April 2013. She felt pain in the vagina and had identified the accused from the light of the mobile phone and the kerosene lamp.

[6] In addition, on a subsequent date he had kissed her mouth and put his tongue into her mouth. On another day the accused has watched Lanieta Adimaibure using washroom.

[7] The accused gave evidence and took up the position that this complaint was made as the complainant is disobedient to him and did not like him. The assessors have rejected the version of the accused.

[8] I am satisfied that evidence is sufficient to establish the guilt of the accused beyond reasonable doubt.

[9] In my view, the assessor's opinion was not perverse. It was open for them to reach such conclusion on the evidence. I concur with the verdict of the assessors.

[10] I find the accused guilty as charged on the count of Rape contrary to Section 207 (1), (2) (a) of the Crimes Decree No.44 of 2009, and also on the count of Indecent Assault contrary to section 212 of the Crimes Decree No. 44 of 2009. I convict the accused Sevenaia Sigabana on both counts against him.

[11] This is the Judgment of the Court.

Achala Wengappuli
JUDGE

At Suva
28 May 2015