Sadrata v State [2014] FJHC 135; HAM278.2013 (10 March 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Crim. Misc. Case No: HAM 278/2013

BETWEEN:

JOSEFA SADRATA
APPLICANT

AND:

THE STATE
RESPONDENT

COUNSEL : Applicant in Person
Mr Vosawale for the State

Date of Hearing : 04/03/2014
Date of Ruling : 10/03/2014

BAIL RULING

[1] The Applicant JOSEFA SADRATA had applied for bail pending trial for the second time.

[2] The applicant has been charged with one count of Rape pursuant to Section 207(1) & (2) (b) of Crimes Decree No: 44 of 2009.

[3] The Applicant was granted bail on 19th July 2012. The Applicant breached his bail undertaking on the last occasion by failing to appear on the mention date. His bail was cancelled and was remanded from 29/10/2013 to date.

[4] Applicant's main ground of Bail is as follows:

[1] His father and mother are separated, and he become the sole bread winner of his family. He has a small brother to look after.

[5] Section 3 (1) of the Bail Act states that an accused has a right to be released on bail unless it is in the interest of justice that bail should not be granted. Consistent with this principle, Section 3 (3) of the act provides that there is a presumption in favour of the granting of bail to a person, but a person who opposes the granting of bail may seek to rebut the presumption. In determining whether to grant bail is the likelihood of the accused person appearing in court to answer the charges laid against him or her. (17 (2)

[6] State submits that the Applicant is 22 years old and resides with his grandmother, uncle and aunt. He has no previous conviction or pending case before any court.

[7] State objects for bail as the Applicant once breached his bail conditions.

[8] The Applicant now seeks bail from this court to support his family as his parents are separated. He has a small brother to support.

[9] Considering all these factors into account, especially his family situation, I decided to grant bail to the applicant with strict bail conditions. I grant bail to the applicant on the following conditions:

1. To secure his own attendance at the High Court by standing in his own recognizance in the sum of $1000.00 (Non-cash).

2. To provide 03 sureties. They must sign a bond of $1000.00 each. (Non-cash)

3. He has to reside in Nasinu until conclusion of his case. New address be furnished before his release.

4. Not to approach any prosecution witnesses directly or indirectly or to interfere with.

5. To surrender his passport if any to court and not to apply for a travel document. The Director of Immigration is informed of the travel ban on the applicant.

6. To report to Nasinu Police Station every Monday, Wednesday and Saturday between 6am to 6pm.

7. Not to leave Suva until his case is concluded.

8. Any breach of these conditions is likely to result in cancellation of his bail.

10. 30 days to Appeal.

P Kumararatnam
JUDGE

At Suva
10/03/2015