Rabia v State [2011] FJHC 461; HAM154.2011 (23 August 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL MISC. NO: HAM 154 OF 2011

BETWEEN:

ASESELA RABIA
APPLICANT

AND:

STATE
RESPONDENT

Counsel: For Applicant - In Person
For Respondent - Ms T. Leweni

Date of Hearing: 19 August 2011

Date of Ruling: 23 August 2011

RULING

[1] The above-named Applicant is charged with one count of Act with Intent to Cause Grievous Harm contrary to section 255(a) of the Crimes Decree No. 44 of 2009 and one count of Grievous Harm contrary to section 258 of the Crimes Decree 2009. He applies for bail pending trial.

[2] Applicant submits that an accused is presumed to be innocent until proven guilty. He further submits the inhumane conditions of the prison and that he has people depending on him for their livelihood.

[3] The alleged victim of this case is the de facto partner of the applicant. Therefore this is a domestic violence offence in terms of the Domestic Violence Decree and in terms of the section 3(4)(c) of the Bail Act the presumption in favour of bail is displaced. Therefore the applicant has to satisfy the Court that he is entitled to bail.

[4] The first victim complainant is the de facto partner of the applicant and the second victim is her cousin.

[5] The first victim was pregnant at the time of the alleged assault with a cane knife.

[6] The chances of interfering with the first victim if bail is granted is high. For safety of the first victim I find that bail should not be granted. Section 19(1)(d) of the Bail Act states:

S.19 (1) – "An accused person must be granted bail unless in the opinion of the police officer or the court, as the case may be –

(d) the accused person is charged with a domestic offence and the safety of a specially affected person is likely to be put at risk if bail is granted taking into account the conditions that could be applied if bail were granted."

Safety of the victim will override the grounds urged by the applicant in this case.

[7] Hence bail pending trial is refused.

Priyantha Fernando
JUDGE

At Suva
23 August 2011