Masirewa v State [2013] FJHC 27; HAM263.2012 (8 February 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISCELLANEOUS CASE NO: HAM 263 OF 2012

BETWEEN:

JONE MASIREWA
Applicant

AND:

STATE
Respondent

Counsel : Applicant – In Person
Mr. F. Lacanivalu for the State

Date of Ruling : 8 February 2013

BAIL RULING

[1] This is an application for bail filed by the Applicant above named.

[2] The Applicant above named submits following grounds in support of his bail application:

(a) He did not sign the caution interview and charge statement;
(b) He was tortured;
(c) He is innocent;
(d) Have dependant de facto wife and a 7 year old child.

[3] The State Counsel objects for bail and submits following grounds:

(a) The Applicant has two cases of similar nature before the High Court (HAC 133 of 2012 and HAC 138 of 2012);

(b) In HAC 133 of 2012 on the 18th September 2012 at around 11.30pm the Applicant with two others allegedly boarded a taxi, threatened the driver with a knife and robbed his items and dumped him in the boot of his own taxi;

(c) In HAC 138 of 2012 the Applicant together with two others allegedly broke and entered to two rooms at a Airport hotel in Nadi which was occupied by tourists stole items worth more than $8,900.00;

(d) The Applicant may not surrender to custody;

(e) Public interest and protection of the community.

[4] Section 3(1) of the Bail Act states as follows:

"Every accused person has a right to be released on bail, unless it is not in the interests of justice that bail should be granted".

[5] Considering the application and the response filed by the Respondent State I find the Applicant alleged to have committed serious offences. In both cases the victims are very sensitive persons. Both of them raises public concern.

[6] I find the Applicant falls within the ambit of Section 19 of the Bail Act. Hence I find releasing the Applicant on bail is a threat to the community.

[7] For the reasons discussed above I find the presumption of bail is successfully rebutted hence I refuse bail.

[8] Application for bail is dismissed.

S. Thurairaja
Judge

At Lautoka
8 February 2013

Solicitors: Applicant appeared in Person
The Office of the Director of Public Prosecution for the
Respondent