State v Nainoka [2004] FJHC 268; HAC0032X.2004S (2 December 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0032 OF 2004S

STATE

v.

PITA NAINOKA

Hearing: 1st December 2004
Ruling: 2nd December 2004

Counsel: Ms P. Madanavosa for State
Applicant in Person

RULING

This matter was listed for bail review on the 1st of December 2004. The Applicant made another bail application. The grounds of his application are that the Sacau Dormitory in which the remand prisoners are currently held is overcrowded, that he has insufficient facilities to prepare for his case, that he is given inadequate time and opportunity to exercise and that he is unable to seek a lawyer of his own choice.

The State opposes bail. State counsel called ASP Joape Caginadaveta to give evidence about the conditions in the dormitory. He said that each prisoner had a bunk bed with a mattress, that there were toilets provided, that the prisoners were given time daily to see visitors, exercise and make telephone calls. I accept his evidence. In cross-examination, the Applicant suggested that he was not given an opportunity to exercise. In response ASP Caginadaveta said that he was, but that he chose not to exercise. He further said that all the remand prisoners had all day to prepare their defence, that requests for telephone calls were usually granted and that there were no restrictions on visitors.

In these circumstances I consider that the State has shown me that the conditions of the Applicant’s custody are not such that bail should be granted. Indeed there is a risk that the Applicant will not surrender to custody.

I refuse this application.

Nazhat Shameem
JUDGE

At Suva
2nd December 2004