State v Tikoisuva [2005] FJHC 670; HAC0025.2004L (17 March 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0025 OF 2004L

STATE

VS

JONATI TIKOISUVA

Mr. K. Tunidau for the State
Accused in Person

RULING ON BAIL

This is an application for bail pending trial.

The applicant is charged with four counts of robbery with violence and one count of resisting arrest.

The counts for robbery with violence alleged that the applicant and 3 others were involved in the offences. The alleged offences took place in Ba on the 21^st September 2003 and 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 applicant was previously granted bail by me on the 20^th July 2004 subject to certain conditions. That bail was revoked due to his failure to appear before this Court in December 2004, following which, a bench warrant issued.

The applicant/accused has put to the court an explanation for his failure to appear which does not appear to hang together in the light of the period he spent in prison and the date of his conviction before the Ba Magistrates Court.

State Counsel, however does not oppose bail particularly in view of the fact that the trial of the accused and his co-accused do not take place until early July 2005.

The applicant/accused informs the court that he intends to reside at Nadi with his brother, his brother’s family and his own family under the intents working at Denarau and the dominant purpose for him working is to raise funds to enable counsel to represent him at the trial.

In the circumstances therefore, the accused is granted bail to appear at this court on the 5^th April 2005 at 9.00am subject to the following conditions:

1. That you enter into a bail undertaking the sum of One Thousand Dollars ($1,000.00) should you not appear.
   
2. That you report to the Nadi Police Station each Tuesday and Saturday between the hours of 6.00am and 6.00pm.
   
3. That you reside at the Votualevu Housing Estate with your brother, his family and your family.
   
4. When you first report to Nadi Police Station, you advise the officer of your precise address that is house number and/or Lot Number.
   

5. That you not interfere with any prosecution witness.

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

7. That you not re-offend during the period of any adjournment pending the trial of this matter.
   

John Connors

JUDGE

At Lautoka

17 March 2005