State v Baleloa [2003] FJHC 219; HAM0041D.2003S (4 November 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

MISCELLANEOUS ACTION NO: HAM0041 OF 2003S

STATE

- v -

JOSEVA BALELOA

Hearing: 4th November 2003
Ruling: 4th November 2003

Mr. B. Solanki for State
Mr. F. Hanif for Accused

RULING

The accused who has pleaded guilty on a number of court files for offences ranging from robbery with violence to burglary, has applied for bail. The matter has been committed to the High Court for sentence. He now wishes to change his plea and his counsel has withdrawn because he cannot in all conscience make the application.

Although there is a right to bail pending trial, the accused has pleaded guilty and has been convicted. The presumption in favour of bail is already rebutted.

Further, he has a record of failing to appear in court when required and has re-offended whilst on bail. Clearly, despite the inevitable delay now in instructing a new solicitor, it is not in the public interest to grant bail. Bail is refused.

Nazhat Shameem
JUDGE

At Suva
4th November 2003