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State v Chandra [2007] FJMC 13; Criminal Case No 55 of 2007 (30 May 2007)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 55 of 2007

STATE

V

RAVINDRA CHANDRA
S/O Jai Ram

Before Ajmal Gulab Khan Esq

Date of Hearing: 23/05/07
Date of Judgment: 30/05/07

Prosecution: Insp. Suruj
Accused: Mr. V Maharaj

JUDGMENT

The accused has been charged for Criminal Intimidation Contrary to S 330(a) of the Penal Code. Particulars are Ravindra Chandra on 16th October 2004 with intent to cause alarm without lawful excuse threatened Police Constable 2923 Vilitati Bari with a knife to cause personal injuries to Bari.

PROSECUTION CASE

The Prosecution facts are Constable Bari went to investigate a report at Moti Street; Samabula on 16th October 2004. He noticed bottles being thrown from house of accused. He went towards house and noticed a boy throwing bottles from house of accused. Bari warned him to stop. Accused came running out of his house with a cane knife in hand. He brandished the knife and ran towards Bari.

Bari ran with accused behind him about 5m away. He recognized and identified accused known to him as "bobby". In his fright he crossed two streets and caught a cab to go to the station. There were many people at house of accused and a party was in progress.

DEFENCE

The accused gave sworn evidence. He said he had a party at his house on 16th October 2004. It was organized by his children. He was not at home. Around 6 pm on Saturday 16th October he had gone to his girlfriend’s place of Pacific Harbour by taxi. The girlfriend he said "had just delivered a baby of mine."

He stayed there during weekend and came back to Suva with his girlfriend on Monday.

He also said he has flats which the police have raided many times in search of drugs. He didn’t know Constable Bari and had never seen him before. His girlfriend also gave sworn evidence confirming his stay at Pacific Harbour for 2 days from 16th Saturday till Monday when they both came back to Suva. She could recall past dates and events well. She said her child was born on 18/7/03 whose father was the accused.

ANALYSIS OF EVIDENCE

Constable Bari in his statement wrote 17th October 2004. But he confirmed it was 16th October 2004 about 11 pm. So he may have mistaken the date. But he recalled the night of 16/10 as the correct date of incident. I accept it’s a mistake on the statement and his sworn testimony given the correct date as 16th October 2004.

It also does not prejudice the defence as the accused was away from home according to him from 16th to 18th October 2004. The Constable knew accused from before. He recognized him as the person chasing him with a knife. There was lights and he could see the knife and hear the sound of the knife when being swung.

The accused said he had gone to Pacific Harbour but gave no details of his alibi and could not be checked by police at that time.

His girlfriend in evidence confirms accused was at her home in Pacific Harbour. However the accused told court he had gone there as his girlfriend had just given birth to his baby on 16th October 2004. So he recalled the date well. His girlfriend said she gave birth to accused child on 18/7/03.

The accused also tried to show in evidence police had "an axe to grind" against him. They raided his home and came due to his neighbour’s animosity due to bootlegging reports against neighbour shopkeeper – Bhan Pratap.

However he said he had not known Bari from before. There seems to be no reason why Bari would be reporting against the accused if he had no ill feelings towards him from before. I warn myself of such circumstances in evaluating the evidence.

CONCLUSION

However, on whole of evidence I find the evidence of Constable Bari as credible. He identified the accused positively and he saw him closely in good light. The accused was also known to him personally. I find the accused was home on 16/10/04 and he ran out with a cane knife swinging and chasing at Bari.

The prosecution has proved its case beyond reasonable doubt and the accused is found guilty as charged.

Dated this the 30th day of May 2007.

Ajmal Gulab Khan
RESIDENT MAGISTRATE