Lal v The State [2003] FJHC 110; HAC0002R.2003B (9 June 2003)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0002R.2003B

BETWEEN:

DEVEN LAL and ANJULA DEVI
APPELLANT

AND:

THE STATE
RESPONDENT

Counsel for the Appellant: Ms Salele, Legal Aid
Counsel for the Respondent: Mr Vosarogo, DPP

Date of Ruling: 30 May 2003
Time of Ruling: 12 Noon

RULING

The Applicants Anjula Devi and Deven Lal were charged of murdering one Latchamma in Qelewaqa, Labasa on 18th May 1998 under section 199 of the Penal Code. They were convicted of the offence on 26th February 1999 and sentenced to life imprisonment.

Upon Appeal, the Fiji Court of Appeal quashed the conviction. It ordered a new trial. Pending the hearing, the Applicants remain on remand at the Suva prison.

The Applicants, through the office of the Director of the Legal Aid Commission, are now applying for bail while awaiting the new trial.

In her submissions, Counsel for the Applicants stated that the question of setting down a date for the trial is yet to be made. The Labasa High Court has first to list the case before the next Criminal session on 9th June before a date is fixed for hearing. Given the cases that are already awaiting hearing, it is more than likely that the new trial will not be heard until later in the year or possibly in the new year. Under the circumstances, Counsel referred to section 19 (2) (b) (I) of the Bail Act which provides that the Court, when considering whether to grant bail or not, should take into account the length of the time the accused is made to wait before his or her case is heard.

Counsel further submitted that the Applicants have already spent 5 years in jail from the date of their arrest and this should also be considered as being in their favour.

As to the Clause of murder for which the Applicants were originally convicted of, Counsel argues that in the light of the Court of Appeal decision and specifically of its findings on errors made in the Court below that there is even likelihood that the charge will be reduced to that of manslaughter.

The Director of Public Prosecutions Counsel does not oppose the application made by the Applicants.

This Court’s view on application of bail generally and bail on serious offences including murder, is fully discussed in its recent ruling in Roshni Devi v. The State: Bail Application No. 1/2002; which in addition, referred to other important decisions in this area in recent years. It is not this Court’s intention to go into a detailed analysis of the rules and principles to be applied. It is sufficient to refer to these cases and together with the Bail Act, provide the underpinnings within which the Court is expected to act and decide on bail applications.

It is clear from the submissions made by both Counsel in these 2 applications that the date for a new trial is a long way yet, at least until the next criminal session, when the new date will be fixed. In the meantime the Applicants are expected to remain in jail. If this happens then while they remain innocent of the charge of murder, they will stay incarcerated to add to the 5 years that they have already spent inside. It would be wrong for this Court to allow such a situation to continue.

Under the circumstances, the Court will grant bail to both the Applicants under the following conditions :

In respect of the Applicant, Deven Lal:

(1) Released upon his own recognition in the amount of #200 and surety for $200.

(2) For the period awaiting his trial, the Applicant will reside with his brother-in-law, Prabhu Nand, at Saiberia; reporting to the Labasa Market Police Post every Saturday between 6 a.m. and 6 p.m. beginning Saturday 7th June, 2003.

(3) Any change of address for whatever reason, the Applicant should notify the Police Post at once as well as the Court.

(4) The Applicant will not in any way interfere with the prosecution witnesses.

(5) The Applicant will not re-offend during the period of bail; failing which the grant will be automatically cancelled.

(6) The Applicant is to appear in Court on 9th June, 2003 at 10.00 a.m. for mention.

In respect of the Applicant Anjula Devi:

(1) released upon her own recognition in the amount of $200 surety for $200.

(2) For the period awaiting the new trial she will reside at the Salvation Army Housing at Raiwaqa; reporting to the Raiwaqa Police Station every Saturday between 6 a.m. and 6 p.m., beginning Saturday 7th June 2003.

(3) Should for any reason, the Applicant changes her residence be in Suva or out of it, she is to report for such change to the Raiwaqa Police Station as well as to the Court.

(4) The Applicant will not in any way interfere with prosecution witnesses.

(5) The Applicant shall not re offend during the period of her bail; failing which the grant will automatically be cancelled.

(6) The Applicant is to appear before this Court on 9th June, 2003 at 10.00 a.m. for mention.

F. Jitoko
Judge

At Suva
9th June 2003