Naua v State - Ruling [2012] FJHC 817; HAM231.11 (19 January 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Miscellaneous No.: HAM 231/11

BETWEEN:

KERESONI NAUA
[Applicant]

AND:

THE STATE
[Respondent]

BEFORE : Hon. Mr. Justice P. Fernando

COUNSEL : Applicant in Person
Mr. J. Niudamu for Respondent

Date of Hearing : 16th January 2012
Date of Ruling : 19th January 2012

RULING ON BAIL PENDING TRIAL

1.0 The applicant Keresoni Naua is charged with two counts of Rape and one count of Indecent Assault. He applies for bail pending Trial.

2.0 Applicant submitted that he needs to support the welfare of his 6 children. However, in reply to the submission made by state counsel, the applicant admitted that he lives with the de facto partner with one child.

3.0 Objecting to bail being granted, counsel for state submitted that the applicant had 6 previous convictions including 3 for offences of robbery with violence and granting bail will not be to the well being of members of the public. Further state counsel submitted that there is a likelihood of the Applicant interfering with his wife who is the prosecution witness. He also has a previous conviction for absconding from court whilst on bail.

4.0 The primary consideration in deciding whether to grant bail is the likelihood of the accused person appearing in court to answer charges laid against him.

5.0 In term of Section 3(3) of the Bail Act, there is a presumption in favour of the granting of bail to a person, but a person who opposes the granting of bail may rebut the presumption.

6.0 Section 18(1) of the Bail Act

A person making submission to a court against the presumption in favour of bail must deal with -

(a) The likelihood of the accused person surrendering to custody and appearing in court;
(b) The interests of the accused person;
(c) The public interest and the protection of the community.

7.0 The applicant has previously absconded from court and has a previous conviction of forfeiture of bail bond.

8.0 Applicant is charged of a very serious offence of rape which carries a maximum penalty of life imprisonment. Therefore the chances of the applicant absconding is very high.

9.0 Further there is a likelihood of the accused interfering with his wife the prosecution witness if he is released on bail.

10.0 When considering the previous convictions, the likelihood of the applicant committing an arrestable offence while on bail is also high.

11.0 Hence, I refuse the application for bail pending Trial.

Priyantha Fernando
JUDGE

At Suva
19 January 2012