Man Guilty

State prosecutor Pooja Mishra filed amended information, alleging that Taniova on August 24, 2019, in Suva acted with intent to cause grievous harm to Rupeni Matayawa.

The High Court in Suva acquitted a man charged of acting with intent to cause grievous harm and instead found him guilty of unlawfully wounding a person.

Aminio Taniova appeared before High Court Judge Justice Gihan Kulatunga for judgment in his case.

State prosecutor Pooja Mishra filed amended information, alleging that Taniova on August 24, 2019, in Suva acted with intent to cause grievous harm to Rupeni Matayawa.

This was by punching him several times and throwing him on a concrete footpath, unlawfully wounding him.

Mr Matayawa is alleged to have suffered brain injuries and paralysis because of the accused’s actions.

Taniova pleaded not guilty to the charge.

Justice Kulatunga said the offence was a unique one which required a particular intention, like murder, and the law expected intention in the offence to be of a high degree when a person acts with intent. He said the three eyewitnesses happened upon the scene but did not see how the altercation between the alleged victim and the accused started, and that evidence of both parties was common ground. Justice Kulatunga said when the accused ran after the victim and asked for his phone, he acted in defence of his property, and when the victim got aggressive he acted in defence of his person.

Justice Kulatunga said the injuries suffered by the victim came within the meaning of grievous harm, and that doctors who gave evidence said the injuries sent the victim into a hypoxic state – there was not enough oxygen to support his brain cells.

He said alcohol in the victim’s system was a serious contributing factor to his brain injuries and that they could not clearly be attributed to the accused’s actions.

Taniova was found guilty of unlawful wounding.

The matter will be called for sentencing on June 4.