Raivotu v State [2012] FJHC 1117; HAM66.2012 (22 May 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Miscellaneous Case No. HAM 66 of 2012

BETWEEN:

JOHN RAIVOTU
APPLICANT

AND:

THE STATE
RESPONDENT

Counsel: Mr. Rabuku for Applicant
Mr. Vosawale for Respondent

Date of Ruling: 22nd May 2012

RULING

1. This is the 2nd application for bail pending trial filed by the applicant within 2 months.
   
2. In terms of section 30 (7) of the Bail Act the court may refuse to hear any fresh bail application if not satisfied that there are special facts or circumstances that justify of making a fresh application.
   
3. In his affidavit dated 19/04/2012, the applicant has not submitted any change of circumstances from his first application made on 28/02/2012 which was refused.
   
4. The only new ground he has urged is that his parents are in the process of divorce. However I do not find that as a ground for granting bail to applicant.
   
5. At the hearing of this application the counsel informed court that the applicant too is intending to file a divorce from his wife and ask for the custody of children, which was never mentioned in the affidavit. I have given the reasons for refusing bail in my previous ruling dated 23/03/2012. The reasons given in the ruling overrides this ground which is not supported by the affidavit or any document.
   
6. No other change of circumstances are submitted to consider. Therefore application for bail is refused.
   

Priyantha Fernando
Judge
22/05/2012