Nayavu v State [2005] FJHC 738; HAC12.2005 (12 May 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 12 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:

1. That he reside with the surety’s family at 53 Dilkusha Road, Nausori.
   
2. That he is under curfew at that address each day between 7.00pm in the evening and 7.00am in the morning. That means he is not to leave the property between those hours unless he is personally accompanied by the named surety.
   
3. His admission to bail is guaranteed by a surety of $10,000.00.
   
4. The surety is to provide not only his address but his work address and phone numbers for both work and home.
   
5. The applicant is to deposit any passport he has with the High Court Registry within 7 days. He is not to apply for any travel documents including passports or tickets. He is not to travel out of Fiji.
   
6. He is not to travel out of the greater Nausori and Suva Districts unless in the company of his surety. He is to report to court when required and is otherwise subject to the usual terms and conditions in the grant of bail within the High Court.
   
7. He is otherwise remanded to the 3rd of June 2005 before my sister Justice Shameem at 9.30 in the morning.
   

I direct that by the 3rd of June the State are to have the appropriate information filed.

Gerard Winter
JUDGE

12th May, 2005