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High Court of Fiji |
IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO.: HAC0012 OF 2005
BETWEEN:
LEONE NAYAVU
Applicant
AND:
STATE
Respondent
Counsel: Ms V. Lidise – for State
Ms B. Malimali – for Applicant
BEFORE THE HON. MR. JUSTICE WINTER ON WEDNESDAY
THE 11TH DAY OF MAY 2005 AT 10.00AM
This application for bail came before me this morning.
It was clear the State were not in a position to proceed. Their investigations were not complete. I indicated that was not satisfactory and invited State’s counsel to obtain additional instructions. I was not prepared to have the applicant remanded in custody on serious matters when the prosecution were not in a position to proceed.
I also requested that the applicant provide a surety affidavit. That has been provided.
When the matter resumed at 2.15 the State indicated that they do not oppose the bail application. In my view that is an appropriate concession to make. This young man is a first offender. He has the presumption of innocence and indeed the presumption of bail in his favour. His surety by his affidavit dated the 11th of May 2005 is quite satisfactory. I am satisfied that this accused will honour his prime condition to appear in court when required to and answer these charges. Accordingly for these reasons he is admitted to bail on the following conditions:
I direct that by the 3rd of June the State are to have the appropriate information filed.
Gerard Winter
JUDGE
12th May, 2005
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URL: http://www.paclii.org/fj/cases/FJHC/2005/110.html