L. S.

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Charge:	Indecent Assault (Incl. aggravated)
Sentence:	30 months w/ 20 months min.
Years Imprisoned:
Year Crime:	2011
Year Convicted:
Year Cleared:	2018
U.S. State or Country of Crime:	Fiji
County or Region of Crime:
City of Crime:	Labasa
Result:	Judicially Exonerated
Summary of Case:	"L. S. was wrongly convicted of indecent assault for allegedly grabbing a woman and telling her he wanted to have sex with her on July 3, 2011 in Labasa, Fiji. The woman knew the defendant because he was renting a room from her at her house. After his conviction following a bench trial L. S. was sentenced to 30 months in prison, with 20 months minimum. He appealed. On August 28, 2018 High Court Judge Paul Madigan quashed the conviction for two reasons. First, the magistrate did not asses the credibility of the complainants testimony, but merely stated that she had to go through an ordeal. Madigan stated in his ruling: "A witness’ evidence must be assessed on credibility and perhaps demeanour, but not on what the Magistrate perceives to have been her ordeal leading up to and in the trial. Such an astonishing declaration suggests that the learned Magistrate has come to his finding of guilt not by factual analysis, but through sympathy and bias.” The second reason was that no one had witnessed the alleged assault, but that in analysing the prosecution's evidence the Magistrate stated that three witnesses supported her testimony. Madigan stated: "None of those three saw the indecent assault; all they can do is confirm that the victim ran out onto the verandah shouting. There is nobody who can confirm the actual element of sexual contact." Madigan ruled the magistrate's analysis of the evidence was unfair and his finding of guilt was based on irrelevant principles and erroneous evidence. He also noted that the 18 months in the issuing of the judgment against L. S. led to a presumption of unfairness and a miscarriage of justice. L.S.'s conviction was quashed."
Conviction Caused By:
Innocence Proved By:	"On August 28, 2018 High Court Judge Paul Madigan quashed the conviction for two reasons. First, the magistrate did not asses the credibility of the complainants testimony, but merely stated that she had to go through an ordeal. Madigan stated in his ruling: "A witness’ evidence must be assessed on credibility and perhaps demeanour, but not on what the Magistrate perceives to have been her ordeal leading up to and in the trial. Such an astonishing declaration suggests that the learned Magistrate has come to his finding of guilt not by factual analysis, but through sympathy and bias.” The second reason was that no one had witnessed the alleged assault, but that in analysing the prosecution's evidence the Magistrate stated that three witnesses supported her testimony. Madigan stated: "None of those three saw the indecent assault; all they can do is confirm that the victim ran out onto the verandah shouting. There is nobody who can confirm the actual element of sexual contact." Madigan ruled the magistrate's analysis of the evidence was unfair and his finding of guilt was based on irrelevant principles and erroneous evidence. He also noted that the 18 months in the issuing of the judgment against L. S. led to a presumption of unfairness and a miscarriage of justice. L.S.'s conviction was quashed."
Defendant Aided By:
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Was Perpetrator Identified?
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Sex:	Male
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Information Source 1:	"Judge Quashes Indecent Assault Conviction, By Fonua Talei, Fiji Sun Online, August 29, 2018"
Information Location 1:	http://fijisun.com.fj/2018/08/29/judge-quashes-indecent-assault-conviction/
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L. S.

Charge:

Indecent Assault (Incl. aggravated)

Sentence:

30 months w/ 20 months min.

Years Imprisoned:

Year Crime:

2011

Year Convicted:

Year Cleared:

2018

U.S. State or Country of Crime:

Fiji

County or Region of Crime:

City of Crime:

Labasa

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Judge Quashes Indecent Assault Conviction, By Fonua Talei, Fiji Sun Online, August 29, 2018"

Information Location 1:

http://fijisun.com.fj/2018/08/29/judge-quashes-indecent-assault-conviction/

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