Assessors Deliberate On Verdict
In his summing up, Justice Goundar highlighted that on October 22nd 2007, Lata arrived from Australia and was picked up by the accused Simon McCartney and they were on their way back to Suva when the defense claimed that upon reaching Sigatoka, Lata informed the accused that her parents had arranged another husband for her and she will be getting off in Sigatoka to meet him.
Judge Goundar then highlighted that Simon McCartney was upset and he drove back to Suva that night and did not drop Lata's luggage at her parents place, but kept it for a day before dropping it to a friend's place.
He called on the assessors to evaluate all the evidence brought before the Court and asked them to question seriously Lata's behaviour when she arrived in Fiji.
He said the accused himself had said that Ashika was happy, when they were talking of permanent residency visa and their home in Melbourne.
He asked the assessors to question whether that was the conduct of a woman who would suddenly break her marriage and also if that was the case then she could have taken her bags or called for it later.
Justice Goundar also told the assessors to consider an eye witness's evidence who claimed to have seen Lata and McCartney in a white rental car close to where Lata's body was found in Deuba.
However, he also cautioned that that evidence from such a witness could be taken as heresay and not very credible as the witness had not known or seen the two before.
He also told the assessors to consider the consistent evidence given by McCartney, and his case against Lata's father for a non payment of $12,000 in which Ashika would have been his main witness.
Justice Goundar will now wait for the assessors to make their verdict.
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