Rokonabete v State [2008] FJCA 93; MISC Action 2.2008S (11 April 2008)

IN THE COURT OF APPEAL FIJI ISLANDS
ON APPEAL FROM THE HIGH COURT OF FIJI

MISC. ACTION NO. 02 OF 2008S
(High Court Action No. HAM 8 /2008S)

BETWEEN:

SAKIUSA ROKONABETE
Appellant

AND:

THE STATE
Respondent

In Chambers: Randall Powell, Justice of Appeal

Hearing: Thursday, 10 and Friday 11 April 2008, Suva

Counsel: Appellant in Person
A Driu and H Tabete for the Respondent

Date of Judgment: Friday, 11 April 2008, Suva

JUDGMENT

[1] Sakiusa Rokonabete ("the applicant") seeks variation of a cash bail condition.

[2] On 6 September 2007 the applicant, having been charged with robbery, had a bail hearing before Winter J and on that day was granted bail "in your own recognisance of $1,500.00. There will be one surety of $1,500.00, $500.00 cash the balance will be non-cash"

[3] He had been in custody since July 2007.

[4] Other conditions were imposed including living under curfew between 9 pm and 8 am and reporting to the Nasinu Police Station on Sundays and Fridays.

[5] A co-accused, Akuile Dromudole, was given bail of "$1,500.00 non cash in respect of you and an additional $1,500.00 from a surety of which $500.00 will be cash and $1,000.00 non cash".

[6] It seems that the co-accused was successful in having bail varied to $100 surety cash bail.

[7] On 1 February 2008 Justice Goundar ordered that this application be transferred to the Court of Appeal.

[8] Winter J was satisfied that bail was appropriate for the applicant. There is nothing before me to suggest that the applicant should be treated any differently from his co-accused at least one of whom has since had his bail condition reduced.

[9] It would be unfair not to vary the cash bail conditions to $100.00 cash.

[10] I will refer the matter back to the High Court so that the surety can be tested and the $100 posted as security to the High Court Registry.

Randall Powell
JUSTICE OF APPEAL

Solicitors:
Appellant in Person
Office of the Director of Public Prosecutions, Suva for the Respondent