State v Taroga [1995] FJHC 19; HAC0015d.1994s (24 January 1995)

IN THE HIGH COURT OF FIJI
(SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO.HAC0015 OF 1994

BETWEEN:

STATE

-v-

IOWANE TAROGA &
TEVITA ROSADRIWA

CHARGE: Murder: Section 199 of the Penal Code, Cap. 17.

Ms. Rice for the State
Mr. J. Semisi for Accuseds

DECISION

This is a bail application brought by Mr. John Semisi, Counsel for the applicants both of whom were committed to stand trial in the High Court for the alleged murder of one, Inia Vukialau on 21st day of January 1994.

In support of the application Mr. John Semisi filed an affidavit sworn by him on behalf of the two applicants and deposed to the circumstances of the incident.

Mr.Semisi submitted that this was not a case of joint enterprise to carry out an unlawful assault upon the deceased. Both applicants who are police officers were on duty at the time of the incident which flared up quite unexpectedly because of the abusive and threatening behaviour of the deceased by brandishing a knife in a public place. He further submitted that there was no premeditation of killing on the part of both applicants and the proper charge that should be preferred against both applicants should be one of Manslaughter.

The medical report indicates that the cause of death was brain haemorrhage.

Miss Rice opposed the application on the ground that the charge against both applicants is murder which is a very serious one. Miss Rice also raised the likelihood of both applicants interfering with the prosecution witnesses.

Mr. Semisi also raised the point that there are a number of old murder cases before the Court which have not been heard and the applicants' case would not be heard until towards the middle of 1995, and therefore it would be more than a year before their case is heard. If the applicants were to remain in custody it will be a violation of their rights under Section 11 of the Fiji Constitution, which requires speedy trial for accused persons, in particular those who are not on bail.

I have considered all the evidential material in this case together with the submissions made by both Counsels.

It appears to me that because of the number of old murder cases among other criminal cases pending in the High Court the applicants' case would not be heard until the latter part of 1995. There is also no evidence of premeditation to kill the deceased on the part of the applicants.

I have also noted that in the case of Isikeli Tamani and others who were also charged with murder were released on bail by the Hon. Chief Justice.

The incident that resulted in the death of Inia Vukialau occurred when the deceased started brandishing a knife in a public place when the two applicants who were on duty as police officers arrived. Both applicants are first offenders.

In the exercise of the power vested in me under Section 108 (3) of the Criminal Procedure Code, I grant this application and admit both applicants upon the following conditions:

(1) Both Applicants are bailed in their own recognition in the sum of $500 each with two sureties in the like sum till 24 January, 1995.

(2) Both Applicants are to remain in their quarters at Nasinu Mobile Police Unit and must not move out without the Order of the Court.

(3) If they have passports these are to be surrendered.

(4) They must report to the Court whenever required and must not interfere with any prosecution witnesses.

S W Kepa
JUDGE

24 January, 1995.

HAC0015D.94S