State v Nadruguca [2004] FJHC 243; HAC0030D.2004S (14 September 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0030 OF 2004S

STATE

v.

SAVENACA NADRUGUCA

Hearing: 10th September 2004
Ruling: 14th September 2004

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

RULING

The Applicant, who awaits trial in the High Court on one charge of rape, applies for bail. The charge reads as follows:

Statement of Offence

RAPE: Contrary to sections 149 and 150 of the Penal Code, Cap. 17.

Particulars of Offence

SAVENACA NADRUGUCA, on the 2nd day of August 2004, at Nasinu in the Central Division, had unlawful carnal knowledge of MARLIN NIKITA LAL d/o Satish Lal without her consent.

State counsel informs me that the victim, who is 7 years old, lives at Nadera with her parents. The case was transferred to the High Court for trial, on the 30th of August 2004. The Applicant has been in custody since the alleged offence. He now applies for bail on the ground that he needs to instruct a lawyer to appear for him. He says he has sufficient funds to pay for a lawyer of his own choice but that his mother currently has custody of the money. He says that he used to be employed as a fisherman on the high seas and that he has a passport which has been sent to the Immigration Department for renewal. He faces no other charges and he has previous convictions one of which is for rape in 1996. A hearing date has been set for the 21st of February 2005.

The State opposes bail on the ground that there is a risk that the Applicant will abscond. In particular, State counsel says that in the previous case of rape, in 1996, the Applicant forfeited his bail bond because of non-appearance.

The Applicant is not prepared to provide a cash bail, saying that he needs his savings to pay for his lawyer. He has a right to bail but I do not consider it to be in the public interest to grant bail because of his previous conviction for rape, his previous failure to respect his bail conditions, and the need to ensure the security of the 7 year old victim in this case who lives not very far from Kinoya.

For these reasons, bail is refused.

Nazhat Shameem
JUDGE

At Suva
14th September 2004