State v Rahiman [2005] FJHC 583; HAC0006.2005L (28 July 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE No. HAC0006 OF 2005L

STATE

v

TAFIZUL RAHIMAN

Date of Hearing: 28 July 2005
Date of Sentence: 28 July 2005

Ms. L. Chandra for the State
Mr. M. Naivalu for Mr. I. Khan for the Accused

RULING ON BAIL

The applicant applies by Notice of Motion dated 26 July 2005 that his bail be varied to facilitate his travel to Brisbane, Queensland, Australia for the purposes of being with his daughter who is to undergo surgery on her eye.

The applicant is before this court charged with murder and that charge relates to his wife, mother of the child.

A similar application was made before Mr. Justice Govind who on the 20^th May 2005 varied the bail to facilitate travel to Brisbane, Queensland for the treatment of his daughter. The applicant did not avail himself with that order at that time and sought to travel to Thailand where it was ascertained the operation to be carried much more cheaply. His application to travel to Thailand was refused by this court and it is on that basis that he makes a further application to travel to Brisbane.

Whilst the charge that he faces is indeed very serious and in normal circumstances, an accused would not be allowed to travel outside Fiji however I am convinced of the need for the accused to be with his daughter at this time and for the need for her to have post operation.

I am therefore prepared to grant a variation for his bail to enable him to travel to Brisbane, Australia but on certain conditions and accordingly, bail would be varied to enable the applicant to travel to Australia for the benefit of his daughter’s medical treatment in Brisbane, Queensland on the following conditions:

1. The travel take place between the 13^th August and the 13^th October 2005.

2. That the accused reside in Australia with his sister as 41 Blundell Boulevard, Tweed Heads, New South Wales and travel only between that residence and Brisbane, Queensland.
   
3. That the surety acceptable for the court to deposit the sum of Three Thousand Dollars ($3,000.00) and it is that because I note that is the current condition.
   
4. That no visa for travel to any country other than Australia is to be applied for or issued.
   
5. A copy of this order is to be furnished to the Australian High Commission, Suva.
   
6. The Australian High Commission is to furnish to the Director of Public Prosecutions such information as is requested with respect to any visa issue to the accused.
   
7. The accused is to report to the Nadi Police Station within 24 hours of his return to Fiji; and
   
8. The accused is to lodge his passport with the High Court Registry within 24 hours of his return to Fiji.
   
9. The accused is at liberty to collect his passport from Nadi Magistrates Court for the purposes of variation to his bail.
   

John Connors

JUDGE

At Lautoka

28 July 2005