Serelevu v State [2014] FJHC 130; HAM273.2013 (7 March 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION
Crim. Misc. Case No: HAM 273/2013

BETWEEN:

WATISONI SERELEVU
APPLICANT

AND:

THE STATE
RESPONDENT

COUNSEL : Applicant in Person
Ms L Latu for the State

Date of Hearing : 03/03/2014
Date of Ruling : 07/03/2014

BAIL RULING

[01] The Applicant Watisoni Serelevu had applied for bail pending trial for the fourth time.

[02] The Applicant has been charged for Rape under Section 207(1) (b) and (3) of the Crimes Decree No: 44 of 2009.

[03] That Applicant applies for bail on the following grounds:

(1) That he is the sole breadwinner of his family with three children.

(2) That his wife is sick.

(3) That he is 50 years old.

(4) That he has a sickness.

[04] State objecting for bail submits that the alleged offence was committed on his biological daughter on three occasions in the year 2011.

[05] The victim is the biological daughter of the Applicant and in terms of Domestic Violence Decree; this is a domestic violence offence. Therefore, in terms of Section 3(4) (c) of the Bail Act, the presumption in favour of granting bail is displaced.

[06] This is the fourth bail application filed by the Applicant. No special circumstances adduced by the Applicant.

[07] The Applicant is charged with Rape under Crimes Decree No: 44 of 2009. Rape is in itself viewed as most serious sexual offence which attract maximum penalty of life imprisonment.

[08] The witnesses in this case are all related to the Applicant. The offence is committed on his biological daughter. Thus the likelihood of interfering with state witnesses is very high.

[09] Considering all these into account it is not in the interest of justice to grant bail to the Applicant. Therefore the application for bail is refused.

[10] 30 days to appeal.

P Kumararatnam
JUDGE

At Suva
07/03/2014