State v Prasad [2004] FJHC 218; HAM0034Y.2004S (24 June 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

MISCELLANEOUS ACTION NO: HAM0034 OF 2004S

STATE

v.

LALTA PRASAD

Hearing: 24th June 2004
Ruling: 24th June 2004

Counsel: Mr. D. Prasad for State
Accused in Person

RULING

The Applicant applies for bail pending trial. His case was referred to the High Court for sentencing under section 222 of the Criminal Procedure Code. However a perusal of the record of trial showed a number of errors in law which led to the quashing of the convictions in the Court’s revisionary jurisdiction. A re-trial is ordered. State counsel assures me that an early hearing date will be requested.

There is a presumption in favour of bail pending trial. However bail can be refused where the accused is unlikely to appear for trial, where it is not in his own interests to be granted bail and where it is not in the public interest to grant bail.

In this case, the accused went to the Western Division for a period of 2 years, apparently to evade police investigations. He was finally apprehended and brought to court in March 2004. The record shows that he had “run away” preventing his apprehension. Apart from this matter, he is now separated from his wife and appears to be unable to return to their matrimonial home. The victim also lives there. Although he says he can stay with his wife’s sister, she only lives 5 miles away from the victim and her mother and there is clearly a risk of interference with witnesses. I note that most of the prosecution witnesses are relatives of the accused.

I consider therefore that it is not in the public interest to release the accused on bail. The State should ask for an early hearing date. The accused has already been in custody for 6 months. In the meantime the accused can prepare himself for trial whilst in custody.

Bail is refused. The accused is to be remanded until a fresh notice of hearing is served on him by the Magistrates’ Court. He may make a bail application in the Magistrates’ Court. He may also appeal my decision to the Court of Appeal.

Nazhat Shameem
JUDGE

At Suva
24th June 2004