State v Tikoisuva [2005] FJHC 551; HAC0025.2004L (11 October 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0025 OF 2004L

STATE

v.

JONATI TIKOISUVA

Mr.S. Qica for the State
Accused in Person

Date of Hearing: 11 October 2005
Date of Ruling: 11 October 2005

RULING ON BAIL

The accused appears before the Court on a bench warrant which issued following his failure to attend before the Court, in breach of his bail conditions.

The accused is charged with 4 counts of robbery with violence and 1 count of resisting arrest.

The facts with respect to robbery with violence alleged that the applicant and 3 others were involved in the offences and that the offences took place in Ba on the 21^st September 2003 and that the resisting arrest took place on the 25^th September 2003. It appears that the total value of jewelleries stolen is about $6,000.00.

The accused was previously granted bail by me on at least 2 occasions and has on two occasions breached the bail.

Whilst the provisions of the Bail Act create a presumption in favour of granting bail, that presumption is displaced where the accused has previously breached a bail undertaking or bail condition. Regrettably, in this instance, not only has that occurred on one occasion, has occurred on two occasions. Accordingly, there being no presumption in favour of granting bail and in the light of the behaviour of the accused, I cannot be satisfied that he will attend Court when required to answer to the charge.

The offences are indeed serious in their nature and the co-accused have been sentenced to 5 ½ years imprisonment.

I am conscious that there may be some delay in the accused coming to trial however all possible efforts should to be made by the Court and prosecution to ensure, as best one can that the matter comes for trial as soon as possible. According, bail is refused. Matter is adjourned to 31^st October 2005 for mention.

JOHN CONNORS
JUDGE

At Lautoka
11 October 2005