Tuimouta v State [2008] FJHC 117; HAC077D.2008; HAC078.2008 (5 June 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 077 of 2008
Criminal Case No: HAC 078 OF 2008

Between:

PAULIASI K. TUIMOUTA
Applicant

And:

THE STATE
Respondent

Hearing: 5th June 2008
Ruling: 5th June 2008

Counsel: Applicant in person
Ms S. Puamau for State

BAIL RULING

The Accused person (the Applicant) is charged in two separate cases of robbery with violence. The dates of the alleged offences are the 26th and 27th of May 2008. The victims of the alleged offences are taxi drivers. The Applicant asks for bail.

The State opposes, on the grounds that the Applicant resisted arrest when first apprehended by the police, that he has five previous convictions (in 2005 and 2006) that the offences are serious and the prosecution case are strong with confessions made by the Applicant, and that the Applicant is a flight risk.

The Applicant is 25 years old and unemployed. He lives at Wailea Settlement in Vatuwaqa with his grandmother, aunt and uncle. His aunt supports him financially. He initially told me that he had only one previous conviction for larceny from person. However when shown the criminal record for his previous convictions he agreed that he had five. He said his confession had been obtained by torture and that he has now been in custody for one week.

The facts put before me, give me no confidence that the Applicant will attend court for his trial. He appears to have no strong ties to community or employment. He is charged with serious offences for which the maximum sentence is life imprisonment. His trial is likely to proceed by January or February 2009. That is not an excessive period of time in remand although of course bail will continue to be reviewed.

For these reasons the Applicant’s right to bail is rebutted. Bail is refused and will be reviewed on the 20th of June 2008.

Nazhat Shameem
JUDGE

At Suva
5th June 2008