Fraser v State [2013] FJHC 38; HAM08.2013 (7 February 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA

CRIMINAL [MISCELLANEOUS] CASE NO : HAM 08 OF 2013

BETWEEN:

JACK ANTHONY FRASER
APPLICANT

AND:

THE STATE
RESPONDENT

Counsel

Applicant : Mr I. Khan
Respondent : Mr T. Qalinauci

RULING
[BAIL]

1. The applicant is applying for bail pending trial in HAC 22/2010 in which he stands indicted under Section 293 (1) (b) of the Penal Code for having committed the offence of 'Robbery with Violence'. The offence is alleged to have been committed on 26 October 2009.
   
2. The applicant was initially produced under custody before this court pursuant to an order of the learned Magistrate on 25 March 2010. He, thereafter, continuously appeared before this court as a serving prisoner in connection with a murder conviction in April 2010 in case number HAC 118/2006. The conviction was, however, quashed by the Fiji Court of Appeal on 30 November 2012 and the applicant was released from prison. The applicant is now being held in custody for Case No HAC 22/2010.
   
3. The applicant has, according to the learned Stated Counsel, no other convictions or pending cases.
   
4. At no time before or after the acquittal of the applicant in November 2012, the state made any application to deny bail to the accused on the grounds of public interest or on the need to protect the community. Instead, it took refuge in the conviction in the murder case to keep the applicant in detention until this application for bail was made by him before this court.
   
5. In the circumstances, objections by the state on the grounds of public interest and the need to protect community are not well-founded. The state has, consequently, failed to displace the right and the presumption in favour of the granting of bail to the applicant.
   
6. I allow the application and admit the applicant to bail subject to stringent conditions.
   

Priyantha Nāwāna
Judge

High Court
Lautoka
07 February 2013