{\rtf1\ansi\ansicpg1252\uc1\deff0\stshfdbch0\stshfloch0\stshfhich0\stshfbi0\deflang1033\deflangfe1033{\fonttbl{\f0\froman\fcharset0\fprq2{\*\panose 02020603050405020304}Times New Roman;}{\f183\froman\fcharset238\fprq2 Times New Roman CE;}
{\f184\froman\fcharset204\fprq2 Times New Roman Cyr;}{\f186\froman\fcharset161\fprq2 Times New Roman Greek;}{\f187\froman\fcharset162\fprq2 Times New Roman Tur;}{\f188\froman\fcharset177\fprq2 Times New Roman (Hebrew);}
{\f189\froman\fcharset178\fprq2 Times New Roman (Arabic);}{\f190\froman\fcharset186\fprq2 Times New Roman Baltic;}{\f191\froman\fcharset163\fprq2 Times New Roman (Vietnamese);}}{\colortbl;\red0\green0\blue0;\red0\green0\blue255;\red0\green255\blue255;
\red0\green255\blue0;\red255\green0\blue255;\red255\green0\blue0;\red255\green255\blue0;\red255\green255\blue255;\red0\green0\blue128;\red0\green128\blue128;\red0\green128\blue0;\red128\green0\blue128;\red128\green0\blue0;\red128\green128\blue0;
\red128\green128\blue128;\red192\green192\blue192;}{\stylesheet{\ql \li0\ri0\widctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0 \fs24\lang2057\langfe2057\cgrid\langnp2057\langfenp2057 \snext0 \styrsid15168531 Normal;}{\*\cs10 \additive 
\ssemihidden Default Paragraph Font;}{\*\ts11\tsrowd\trftsWidthB3\trpaddl108\trpaddr108\trpaddfl3\trpaddft3\trpaddfb3\trpaddfr3\tscellwidthfts0\tsvertalt\tsbrdrt\tsbrdrl\tsbrdrb\tsbrdrr\tsbrdrdgl\tsbrdrdgr\tsbrdrh\tsbrdrv 
\ql \li0\ri0\widctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0 \fs20\lang1024\langfe1024\cgrid\langnp1024\langfenp1024 \snext11 \ssemihidden Normal Table;}}{\*\latentstyles\lsdstimax156\lsdlockeddef0}{\*\rsidtbl \rsid811014\rsid862776
\rsid1598413\rsid1972231\rsid2193419\rsid2309175\rsid2371452\rsid2504626\rsid2506087\rsid3176464\rsid3422714\rsid3810279\rsid3822112\rsid3831056\rsid4160285\rsid4329331\rsid4331392\rsid4744076\rsid4815830\rsid4855016\rsid4931203\rsid5052173\rsid5062183
\rsid5123780\rsid5592493\rsid5643559\rsid6060947\rsid6160848\rsid6514138\rsid6782860\rsid6953338\rsid7366506\rsid7483118\rsid7958375\rsid8016262\rsid8083724\rsid8270074\rsid8524331\rsid8598875\rsid8790013\rsid8866877\rsid9189166\rsid9452663\rsid9455426
\rsid9776131\rsid10712439\rsid10749241\rsid11014019\rsid11292607\rsid11355540\rsid11404427\rsid11880640\rsid11928628\rsid12063525\rsid12081942\rsid12211158\rsid12604437\rsid12921552\rsid12931985\rsid12983114\rsid13198352\rsid14055906\rsid14105686
\rsid14108652\rsid14496123\rsid14510136\rsid14695321\rsid14967201\rsid15032169\rsid15159555\rsid15168531\rsid15297671\rsid15405516\rsid15541791\rsid15560408\rsid15864576\rsid15945946\rsid16592213\rsid16597937\rsid16671932}{\*\generator Microsoft Word 11.
0.5604;}{\info{\title \'93this is a quote, has said, of me saying \'91this is a quote\'92\'94}{\author ruddley_e}{\operator ruddley_e}{\creatim\yr2010\mo12\dy2\hr14\min1}{\revtim\yr2010\mo12\dy2\hr14\min3}{\version1}{\edmins2}{\nofpages4}{\nofwords1451}
{\nofchars8277}{\*\company scims}{\nofcharsws9709}{\vern24689}}\paperw11906\paperh16838\margb990 \widowctrl\ftnbj\aenddoc\noxlattoyen\expshrtn\noultrlspc\dntblnsbdb\nospaceforul\formshade\horzdoc\dgmargin\dghspace180\dgvspace180\dghorigin1800
\dgvorigin1440\dghshow1\dgvshow1\jexpand\viewkind4\viewscale100\pgbrdrhead\pgbrdrfoot\splytwnine\ftnlytwnine\htmautsp\nolnhtadjtbl\useltbaln\alntblind\lytcalctblwd\lyttblrtgr\lnbrkrule\nobrkwrptbl\snaptogridincell\allowfieldendsel\wrppunct
\asianbrkrule\rsidroot15168531\newtblstyruls\nogrowautofit \fet0\sectd \linex0\headery708\footery708\colsx708\endnhere\sectlinegrid360\sectdefaultcl\sectrsid16122435\sftnbj {\*\pnseclvl1\pnucrm\pnstart1\pnindent720\pnhang {\pntxta .}}{\*\pnseclvl2
\pnucltr\pnstart1\pnindent720\pnhang {\pntxta .}}{\*\pnseclvl3\pndec\pnstart1\pnindent720\pnhang {\pntxta .}}{\*\pnseclvl4\pnlcltr\pnstart1\pnindent720\pnhang {\pntxta )}}{\*\pnseclvl5\pndec\pnstart1\pnindent720\pnhang {\pntxtb (}{\pntxta )}}{\*\pnseclvl6
\pnlcltr\pnstart1\pnindent720\pnhang {\pntxtb (}{\pntxta )}}{\*\pnseclvl7\pnlcrm\pnstart1\pnindent720\pnhang {\pntxtb (}{\pntxta )}}{\*\pnseclvl8\pnlcltr\pnstart1\pnindent720\pnhang {\pntxtb (}{\pntxta )}}{\*\pnseclvl9\pnlcrm\pnstart1\pnindent720\pnhang 
{\pntxtb (}{\pntxta )}}\pard\plain \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 \fs24\lang2057\langfe2057\cgrid\langnp2057\langfenp2057 {\b\insrsid15168531\charrsid15168531 IN THE HIGH COURT OF FIJI
\par AT SUVA
\par CRIMINAL JURISDICTION
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\b\ul\insrsid15168531\charrsid15168531 
\par }\pard \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 HIGH COURT CRIMINAL CASE NO.: HAC 068 OF 2010
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 
\par }\pard \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 BETWEEN:
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\b\insrsid15168531 
\par }\pard \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\b\insrsid15168531\charrsid15168531 STATE
\par }{\insrsid15168531\charrsid15168531 Prosecution
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 
\par }\pard \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 AND:
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\b\insrsid15168531 
\par }\pard \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\b\insrsid15168531\charrsid15168531 STANLEY SANJAY SUDHAKAR
\par }{\insrsid15168531\charrsid15168531 Accused Person
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 
\par Hearing:}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 0211/}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 -}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 03/11/2010
\par Judgment:}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 03/11/2010
\par 
\par Counsel:}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 Mr Fotofili, L.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 -}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 For State
\par }{\insrsid15168531  }{\insrsid15168531\charrsid15168531 Ms. Savou}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 -}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 For Accused Person
\par }{\b\ul\insrsid15168531\charrsid15168531 
\par }\pard \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\b\ul\insrsid15168531\charrsid15168531 RULING}{\ul\insrsid15168531\charrsid15168531 
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 
\par [1]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 It is submitted that the confession which the Accused made to the police should be ruled inadmissible.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The challenge to the adm
issibility of the confession is pursuant to section 76(2) of the Police and Criminal Evidence Act 1984.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 In particular, it is alleged that the confession was obtained by oppression and/or
 in consequence of things said or done which was likely in the circumstances existing at the time to render unreliable any confession which might be made by the accused in consequence thereof.
\par 
\par [2]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The background may be shortly stated as follows.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 On 4 May, 2008 the Accused}{\insrsid15168531 '}{\insrsid15168531\charrsid15168531 s 
mother was found dead in the bedroom of the flat which she shared with the accused; she had on any view of the evidence been unlawfully killed and the police investigation led to the arrest of the Accused. On 10th May he was interviewed at the Samabula
 police station. The interview began at 13 58; it is accepted on behalf of the accused that he was properly cautioned and advised fully of his rights.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 He declined legal advice at any stage.
\par 
\par [3]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The interview continued with appropriate breaks until approximately 2030 that day. At that time the interview ceased and did not resume until 12
21 on the following day, namely, after a break of approximately 16 hours.}{\insrsid15168531 
\par }{\insrsid15168531\charrsid15168531 
\par It is alleged by the accused that following the termination of the interview at 2030 on Saturday, 10th May he was subjected to repeated acts of violence on the part of the police over a period of 2 to 3 hours.}{\insrsid15168531  }{
\insrsid15168531\charrsid15168531 He was also allegedly sworn at and told that his denials were not being believed.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 
He says that the effect of the conduct of the police was such that he was very frightened and felt he had no alternative other than to confess to the crime being investigated.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 
Essentially, he says that his will was overborne by the treatment to which he was subjected and he was unable to take any more.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 He alleges that it was in those circumstances and against that
 background that he confessed to the murder of his mother.
\par 
\par [4]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The State submits that there was no improper behaviour whatsoever on the part of the police; they say that all the proper procedures were followed and that the Accused freely and voluntary con
fessed to the murder. In deciding this issue I must be satisfied that the State has proved to the criminal standard that the confession was not obtained in consequence of any oppressive conduct, or, in consequence of things said and or done by the police.
}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 I shall refer later to the full test and to the steps that I am required to take in deciding this issue.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 
\par 
\par [5]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The prosecution called the two police officers who were together throughout the interviews: CPL Nute and DC Clint. It was not suggested to eith
er of them that one had ever been present without the other.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 It was not suggested in cross examination to either officer that he had been personally responsible for assaul
ting or threatening the accused: the highest that it was put was a suggestion made to Corporal Nute that he had been aware that the accused had been assaulted at some stage after the interview had been terminated at 2030 on 10th May.}{\insrsid15168531  }{
\insrsid15168531\charrsid15168531 He said he did not become aware of that.}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The assertion by the Accused, when he gave evidence, that Corporal Nute had assaulted him was never put in cross examination.
}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The assertion included an allegation that Corporal Nute had punched him in the face. Corporal Nute said that when the interview continued on the following day the Accused did not make any comp
laint to him that he had been assaulted nor did he complain that he was suffering from any type of injury; he says the first time that the Accused made any mention of being assaulted was after he had confessed to killing his mother.
\par 
\par [6]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The State called DC Amani who it was alleged had assaulted the Accused at some stage following suspension of the interview on Saturday 10th May; he was tendered by the State for cross-examination
. He said that he had no recollection of the 10th May. It was suggested to him that he had come to the police station that evening even though he was off duty and that he had been under the influence of alcohol
. It was suggested to him that he had hit the accused with a stick; he denied that proposition completely. 
\par 
\par [7]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The State called Rishi Ram, a JP; he had been called in by the police to speak to the accused on Monday 10th
 May. The Accused confirmed to him that he had been notified of all his rights and had been provided with regular refreshment. He did tell the JP that he had been assaulted but the JP was unable to see any injury and no injury was pointed out to him.

\par 
\par [8]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 Immediately following the interview with the JP, the Accused was taken for a medical examination to a health centre near the police station. The examination was
 conducted by a doctor who was unable to be called. However, with the agreement of both Counsel, a Dr Ku
rabui was called to assist with the entries that had been made on the medical examination record. It was confirmed that the Accused hade made complaint of being assaulted on 10th
 May but there was no visible sign of any injury and none were noted. The doctor had prescribed paracetomol and indomethacin, a pain relief and muscle relaxant respectively. In view of the fact that there was no visible sign of in
jury, the overwhelming likelihood is that the prescriptions were based solely upon a self diagnosis by the Accused on the strength of which the Doctor took a decision to prescribe. The fact that the medical record did not refer to the tattoos clearly pres
ent on various parts of the Accused}{\insrsid15168531 '}{\insrsid15168531\charrsid15168531 
s body seems to me to have no relevance at all to the matter in issue on this voir dire; the entry N/A in the relevant box may mean nothing more than the tattoos were not relevant to any injury. 
\par 
\par [9]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 The Accused gave an account of being hit, punched, hit with a piece of iron and hit with a stick
. He maintained that it had been a prolonged assault during which there were gaps and then he was further assaulted. The sense of his account was that this had lasted for several hours.}{\insrsid15168531 
\par }{\insrsid15168531\charrsid15168531 
\par That is a summary of the evidence called in relation to this issue
\par 
\par [10]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 When an issue such as this is raised the Judge is required to adopt a three stage process. Firstly, the Judge must identify what has been said and/or done by the police. Secondl
y, in the event that he decides that anything was said and/or done he must ask whether it was likely in the circumstances to render unreliable a confession made in consequence
. Thirdly, the judge must ask whether the prosecution have proved to the criminal standard that the confession was not obtained in consequence of things said or done.
\par 
\par [11]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 Firstly, the account given by the Accused as to what was done to him is completely at odds with the independent evidence given by the JP and the evidence of the medical exa
mination as interpreted by Dr Kurabui. While it is evident that the Accused complained to the JP and the Doctor that he had been assaulted there was no visible evidence which went any way to supporting his assertion and the medication prescribed, I
 am satisfied, was prescribed only upon the basis of a self-diagnosis and not in consequence of any observable condition or injury.
 It is inconceivable that if the Accused had been subjected to the sort of sustained violence that he maintains there would have been no visible sign of injury.
\par 
\par [12]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 Secondly, I have to make an assessment of the witnesses who have been called to give evidence on this issue including, importantly, the Accused himself.
 I have listened carefully to the evidence and I am quite satisfied that there is no substance to the allegations that have been made to any of the police officers involved in the interview of the Accused; equally, I am also satisfied as to that
 in relation to other police witnesses to whom allegations of wholly improper conduct have been made. I am satisfied that the police witnesses have given a truthful account of what did and did not occur in the police station.
 It therefore follows that I reject the account given by the Accused.
\par 
\par [13]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 Counsel for the Accused places reliance upon the fact that it was after the interview resumed on Sunday 11th that the Accused confessed; it is submitted that this follows the matters complained 
of and therefore supports the Accused}{\insrsid15168531 '}{\insrsid15168531\charrsid15168531 s account that he only confessed because of the treatment he had received on the Saturday night. While 
the submission accords with the sequence of events, it is also clear from the way in which the whole interview proceeded that the police were dealing with the incident chronologically; they had reached a c
ertain point by 2030 on the Saturday and simply resumed from where they had left off when they continued the interview on the Sunday. The confession came when the police reached that point in their questioning relating to what happened at the house. 
Accordingly, I am not persuaded that there is any significance in the point made.
\par 
\par [14]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 In the circumstances, bearing in mind the findings of fact that I have made, the first matter that I am required to consider, namely, what was said and/or done results in a f
inding that I am satisfied to the criminal standard that nothing was said or done that would have been likely to render the Accused}{\insrsid15168531 '}{\insrsid15168531\charrsid15168531 s confession unreliable.
\par 
\par [15]}{\insrsid15168531  }{\insrsid15168531\charrsid15168531 In those circumstances, I rule that the evidence relating to the Accused}{\insrsid15168531 '}{\insrsid15168531\charrsid15168531 s confession to the killing of his mother is admissible.
\par 
\par }\pard \qc \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\b\insrsid15168531\charrsid15168531 Graham Cottle
\par }{\b\ul\insrsid15168531\charrsid15168531 JUDGE}{\b\insrsid15168531\charrsid15168531 
\par }\pard \ql \li0\ri0\nowidctlpar\aspalpha\aspnum\faauto\adjustright\rin0\lin0\itap0\pararsid15168531 {\insrsid15168531\charrsid15168531 
\par At Suva
\par 3rd November 2010
\par }}