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State v Nakota [2023] FJMC 29; Traffic Case 31 of 2018 (5 December 2023)

IN THE MAGISTRATE’S COURT IN FIJI AT SIGATOKA

CRIMINAL DIVISION

Traffic Case No. 31/18

THE STATE –v- SAIMONI VUATA NAKOTA

For the Prosecution: Sgt. Devi

For the Accused: Present

JUDGMENT

The Accused is charged with the following charge: -

Statement of offence

DISORDERLY CONDUCT IN A PUBLIC PLACE: Contrary to section 47 of the Police Act Cap 85.

Particulars of offence

SAIMONI VUATA NAKOTA on the 3^rd day of February 2018 at Sigatoka in the Western Division conducted himself in a disorderly and insulting manner at Sigatoka Police Station.

The Accused was charged on 5^th February 2018 and later pleaded not guilty to the above charge.

The Prosecution Case

Prosecution Witness 1 (PW1) is CPL Setefano Samoca of Sigatoka Police Station. On 3^rd February 2018, about 3pm she was on duty based in the charge room of the Sigatoka Police Station when he saw the Accused about a meter from him, shouting and swearing saying “magaitinamu” and threatened PC Mesake who was taking down his particulars in the same charge room that he (the Accused) will punch PC Mesake. He warned the Accused not to behave in a disorderly manner and to respect the Police Station. He knows the Accused prior to the day from Tagaqe Village. PC Mesake then took him and locked in the cell.

In cross-examination, he maintains that it was the Accused who swore and not anybody else from the cell of the Sigatoka Police Station. He denies there were two other civilians in the charge room area who were being disorderly and maintains that it was only the Accused and PC Mesake who was processing him.

Prosecution Witness 2 (PW2) is Cpl Peni Vunisa of Sigatoka Police Station. He recalls interviewing the Accused for this offence under caution on 12^th February 2018.

Prosecution then closed its case.

Defense Position

The Accused exercised his right to remain silent.

Analysis

The State bears the burden of proving all the elements of the two counts in the charge beyond reasonable doubt.

The elements of this offence are as follows:

1. The Accused
2. Conducted himself in a disorderly and insulting manner
3. In a police station.

PW1 stated that he was in the charge room when he saw the Accused whom he knew from Tagaqe Village being processed by PC Mesake in the same room. The Accused was about 1 meter away from him. This observation was made at 3pm therefore lighting in the station was not an issue. Also, the Accused does not dispute that he (the Accused) was not there during cross-examination of PW1.

For Element 2, the PW1 stated that whilst being in the charge room of the Sigatoka Police Station, the Accused was shouting, swore “magaitinamu” and threatened fellow police officer PC Mesake. This evidence shows that the Accused behaved in a disorderly and insulting way. This proves this element beyond reasonable doubt.

PW1 states that the Accused was in the charge room of the Sigatoka Police Station when this incident happened. There is no doubt that Sigatoka Police Station is a police station.

Finding

In light of the evidence, I find that the State has discharged the burden of proof of the charge beyond reasonable doubt.

Saimoni Vuata Nakota with respect to the charge that has been laid against you, I find you guilty.

We will now proceed to mitigation and sentencing.

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Joseph Daurewa

Resident Magistrate

5^th December 2023

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