State v Tuwaqa [2003] FJHC 97; HAC0004D.2003S (1 April 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0004 OF 2003S

STATE

-v-

JOSESE TUWAQA

Hearing: 1st April 2003
Ruling: 1st April 2003

Counsel: Ms A. Prasad for State
Accused in Person

RULING

Whether or not the Bail Act is validly in operation, the predominant principle is whether the accused will appear to face the charges. The accused has a right to bail under the Constitution unless the interests of justice otherwise dictate.

In this case they do dictate otherwise. The accused failed to appear for over 1½ years in the lower court leading to severance and a separate Preliminary Inquiry. The accused had absconded to Lakeba. With this history and the trial due to commence on April 22nd, the interests of justice require that bail be refused.

In respect of the Bail Act, I urge the DPP’s Office to bring to the attention of the Minister for Justice the anomaly pointed out to me this morning.

Nazhat Shameem
JUDGE

At Suva
1st April 2003