Colati v State [2010] FJHC 576; HAM176.2010 (18 August 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

MISCELLANEOUS CASE NO.: HAM 176 OF 2010

BETWEEN:

RONALD JEREMAIA COLATI

AND:

THE STATE

Counsel: In Person
Ms. Mareta Tikoisuva for the State

Date of Hearing: 17th August 2010
Date of Ruling: 18th August 2010

RULING

[1] The application for bail pending trial in the case bearing No. HAC 077/2010 at the High Court of Suva.

[2] The applicant Ronald Jeremaia Colati was charged as follows:

"VERESA NACENO, INOKE LIVANASIGA, RONALD JEREMAIA COLATI and ABDUL SATTAR are charged with the following offences:

FIRST COUNT
Statement of Offence (a)

AGGRAVATED ROBBERY: Contrary to Section 311 (1) (b) of the Crimes Decree No. 44 of 2009.

Particulars of Offence (b)

VERESA NACENO and INOKE LIVANASIGA, on the 15th day of February, 2010 at Suva in the Central Division with another robbed KAVITESH KRISHNAT LAL and stole Nokia mobile phone valued $40.00.

THIRD COUNT
Statement of Offence (a)

AGGRAVATED ROBBERY: Contrary to Section 311 (1) (b) of the Crimes Decree No. 44 of 2009.

Particulars of Offence (b)

VERESA NACENO, INOKE LIVANASIGA, RONALD JEREMAIA COLATI and ABDUL SHATTAR, on the 15th day of February, 2010 at Suva in the Central Division, with others being armed with an offensive weapon stole $35,000 from SUNIL PRAKASH SHARMA".

[3] The applicant had already made an application previously and it was refused by Justice P Nawana on the 22nd July 2010. A copy of the ruling is annexed herewith.

[4] Without disclosing the previous ruling the applicant has submitted another application for bail.

[5] The State Counsel objects for grants of bail.

[6] Since there is no change of circumstances I have no reason to revisit his application for bail.

[7] Considering all above factors the bail application is frivolous and vexatious therefore I refuse bail.

[8] Bail refused.

S Thurairaja
JUDGE

At Suva

Solicitors
Accused in Person
Office of the Director of Public Prosecution for State