Atulaga v State [2013] FJHC 556; Miscellaneaous Criminal Case 228.2013 (17 October 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION
Miscellaneous Criminal Case No. 228 of 2013

BETWEEN:

JONE DI ATULAGA
Applicant

AND:

THE STATE
Respondent

BEFORE : HON. MR. JUSTICE PAUL MADIGAN

Counsel : Ms J. Savou (L.A.C) for Applicant
Mr M. Vosawale for State
Dates of application : 17 October, 2013
Date of Ruling : 17 October, 2013

RULING

1. The applicant makes application for bail pending trial, he having made numerous unsuccessful applications previously.
   
2. Mr. Savou on his behalf prays in aid the Constitution of 2013 and in particular provisions which afford liberty of person and dignity to the person. He argues that one of the applicant's co-accused was admitted to bail and fairness should be extended to this applicant and admit him also to bail.
   
3. The accused has been in custody since 23 July 2010 but most of that time does not relate to this offence but to other matters including two consecutive sentences for escape from custody.
   
4. The accused has 31 previous convictions for serious offences of house breaking and robbery including six (6) convictions for escape.
   
5. Escaping from custody and escaping six times shows no respect for authority and there is every possibility that he may abuse authority again and not report for trial.
   
6. His co-accused was afforded bail and trial of the case that the applicant awaits was set to be heard in this Court from 2 September until 13 September but was vacated because his co-accused had absconded.
   
7. Mr. Savou's constitutional arguments are altruistic, noble and well meant however those rights he refers to do not exist "in vacuo" – they are not absolute rights. The rights of other citizens who may become victims of violent crime should the applicant be at large must also be considered. It is this Court's view that those rights of the community are in jeopardy.
   
8. The renewed application brings nothing new to the Courtroom. It is frivolous and vexatious and the Court refuses to hear it pursuant to section 14(3) of the Bail Act 2006.
   
9. The accused is advised of his right of appeal to the Court of Appeal.
   

P.K. Madigan
Judge

At Suva
17 October, 2013