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State v Caucau - Judgment [2016] FJHC 110; HAC011.2014LAB (17 February 2016)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 011 OF 2014LAB

STATE

V

URAIA CAUCAU

Counsels : Ms. W. Elo for State
Ms. S. Dunn for Accused

Hearings : 15 and 16 February, 2016
Summing Up : 17 February, 2016
Judgment : 17 February, 2016

JUDGMENT

1. The assessors had returned with a unanimous decision finding the accused guilty of raping the complainant on 20 December 2013.

2. Obviously, the assessors had accepted the prosecution's version of events and had found the accused guilty as charged. It also meant they had accepted the complainant's evidence and version of events. It also meant they had rejected the accused's version of events and his denials.

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

4. I have directed myself in accordance with the summing up I gave the assessors today and I have reviewed the evidence called in the trial.

5. I agree with the assessors' opinions and I accept their unanimous verdict. I find the complainant a credible witness and I accept her evidence and version of events. I reject the accused's denials. He was not a credible witness.

6. I find the accused guilty as charged and I convict him accordingly.

7. Assessors thanked and released.

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Labasa

Solicitor for the Accused : Office of the Legal Aid Commission, Labasa