Laca v State [2012] FJHC 1259; HAM117.2012 (6 August 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Criminal Miscellaneous Application No. 117 of 2012

BETWEEN:

EPELI RATABACACA LACA

AND:

STATE

BEFORE: MR. JUSTICE P. K. MADIGAN

COUNSEL: Mr. F. Vosarogo for the Applicant
Mr. L. Fotofili for the Respondent

Date of Application: 3 August 2012
Date of Ruling: 6 August 2012

RULING

1. The Applicant makes application to vary his bail conditions to allow him to travel out of Fiji to attend a church conference in Edinburgh, United Kingdom from 10 August until 28th August 2012.
   
2. The applicant faces three charges in this Court being one of sexual assault and two of rape against the same victim on the 22 June, 2011. He is a senior pastor in Fiji of the religious body called the All Nations Christian Fellowship (ANCF) and the meeting in Edinburgh is the ANCF Annual Conference which he wishes to attend in his capacity as Worldwide General Superintendent of the church.
   
3. Counsel for the State opposes the application on the basis that he will be placing himself beyond the Courts jurisdiction and therefore beyond reach of the Courts control. He submits that the evidence against the applicant is strong and that a trial date having already been fixed (November 1st, 2012) it is in the public interest that he remains in Fiji.
   
4. Counsel for the applicant disputes the strength of evidence submission. It is not for this Court to analyse the state of the evidence at this stage. It may be that I will have to make findings as to credibility at a later time and I don't wish to be privy to any information that will impinge on that finding. I will put aside therefore the issue of strength of evidence.
   
5. The applicant has been on bail on rather strict conditions. He has signed a bail bond of $5000 as have two sureties. He has been allowed to travel within the two main islands of Fiji on notice to the Court and to the D.P.P. He has complied with that condition and with his reporting conditions. He has strong ties to the community through the Church, through his family and with investments. There is nothing arising that might suggest he is a flight risk.
   
6. It is of some concern to the Court that with regard to section 19(2) (c) of the Bail Act 2002, the public interest would demand that the applicant be "kept safe" for his trial which is due to commence in only three months time. The applicant is seemingly a noteworthy personality within the community and the proceedings he faces have attracted an undue amount of publicity. That situation however should not override his right to liberty and freedom of movement. Given his hitherto compliance with bail conditions, coupled together with the presumption of innocence in his favour dictates that this application should succeed.
   
7. The application to vary bail conditions is allowed on the following terms:
   
   • (i) The applicant is permitted to travel out of Fiji between 10 August 2012 and 28 August 2012.
     
   • (ii) His passport may be returned to him on the 8th August for these purposes and it must be lodged back with the High Court Criminal Registry on or before 29 August 2012.
     
   • (iii) His reporting conditions (to Samabula Police Station) are suspended from 8 August until 30 August inclusive.
     
   • (iv) The Director of Immigration will be notified that the applicant is permitted to leave the jurisdiction on August 10th.
     

(v) The present bail conditions will be restored as from August 29th.

P.K. Madigan
Judge

At Suva
6 August 2012