State v Tikoisuva [2004] FJHC 437; HAC0025.2004L (20 July 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0025 OF 2004L

THE STATE

V

JONATI TIKOISUVA

Mr. N. Nand for the State
Accused in Person

Date of Hearing: 16 July 2004
Date of Ruling: 20 July 2004

RULING ON BAIL APPLICATION

This is an application for bail pending trial. The applicant is charged with 4 counts of Robbery with Violence and 1 count of resisting arrest. The counts of robbery with violence allege that the applicant and 3 others were involved in the offences.

It is alleged that the offences took place at Ba on the 21^st September 2003 and that the resist arrest took place on the 25^th September 2003.

Without detailing the precise particulars of the offences, it appears that the total value of the jewellery stolen is about Six Thousand Dollars ($6,000.00).

The applicant appears not to have applied for bail before the Learned Magistrate and I am informed that at that time he was serving a period of imprisonment for the offence of possessing dangerous drugs. I am further informed that that sentence has now been served.

The applicant on the 2 July 2004 makes application to this court for bail. In that application, he asks for bail on the basis that the co-accused were granted bail and that it would therefore be unfair and unjust if he were not grant bail and that he wishes to be granted bail to seek a lawyer to represent him at his trial.

The application is not opposed by the State however the State does seek that conditions be imposed should bail be granted.

The applicant has a right to bail and in this instance the prosecution by not opposing the application is not putting before the court any reasons why bail should not therefore be granted.

It is of course still a matter for the court as to whether bail be granted or not. The primary consideration is of course, the likelihood of the accused appearing to answer the charge.

The applicant informs the court that he intends to reside at Ba with his family pending the trial of this matter. As the application is not opposed, there would appear to be no basis for bail to be refused and accordingly bail will be granted subject to conditions.

The accused is granted bail to appear at this court on the 2^nd September 2004 at 9.30am subject to the following conditions: -

1. That you enter into a bail undertaking to forfeit the sum of One Thousand Dollars ($1,000.00) should you not appear.
   
2. That you report to the Ba Police Station each Tuesday and Saturday between the hours of 6.00am and 6.00pm.
   

3. That you reside with your family at Ba.

4. That you not interfere with any prosecution witness.

5. That you forthwith surrender any passport or other travel documents.

6. That you not re-offend during the period of any adjournment pending the trial of these matters.
   

JOHN CONNORS

JUDGE

AT LAUTOKA

20 JULY 2004