State v Pe [2004] FJHC 151; HAC0024D.2004S (13 September 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0024 OF 2004

STATE

v.

SAVENACA PE

Hearing: 10th September 2004
Ruling: 13th September 2004

Counsel: Mr. J. Rabuku for State
Accused in Person

RULING

This is the Applicant’s second application for bail pending trial. I refused his first application on the 23rd of August 2004 on the ground that he was unlikely to surrender to custody. I based that refusal upon his 38 previous convictions, ten of which were for escaping from lawful custody.

He now makes this application asking me to reconsider my earlier ruling, on the ground that the ethos in the prison system 25 years ago had now changed to a focus on rehabilitation and humane containment. He further submits that the State has insufficient evidence against him, that the K2 rifle found on him had not been used in the alleged robbery, and that no identification parade had been held.

The State submits that the Applicant has not raised any new grounds. I agree. The trial in this case has been fixed for the 10th of January 2005 by which time the Applicant would have been in remand for 6 months. This is not excessive given the seriousness of the charge, his long criminal record and the public interest. Bail is refused.

Nazhat Shameem
JUDGE

At Suva
13th September 2004