Qativi v State - Bail Ruling [2014] FJHC 362; HAM080.2014S (23 May 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

MISCELLANEOUS CASE NO. HAM 080 OF 2014S

VILIAME QATIVI

vs

THE STATE

Counsels : Accused in Person
Mr. T. Qalunauci for State
Hearing : 2 May, 2014
Ruling : 23 May, 2014

RULING ON BAIL PENDING TRIAL

1. This is the accused's fourth bail application. In HAM 069 of 2013S; HAM 148 of 2013S and HAM 256 of 2013, I dismissed the accused's bail applications pending trial. I had give my reasons to the accused on 25 July 2013, 11 October 2013 and 24 March 2014 for refusing his bail applications. All those reasons were in writing.
   
2. The issue in this fourth bail application, is really whether or not there is a change in circumstances from his previous bail applications, so as to justify granting him bail pending trial. The trial is from 16 to 27 June 2014 – approximately 3 weeks away. His main ground on this application is his business interest. He wants to be bailed to enable him to continue his business interest. This ground is similar to the one he advanced in HAM 148 of 2013S. That ground was rejected in HAM 148 of 2013S, as it does not amount to a change in circumstances. Consequently, it does not amount to a change in circumstance, in this bail application.
   

3. For the above reasons, his present bail application is refused. He must devote his time to preparing for the trial proper. He is remanded in custody. The reasons I gave on 25 July 2013, 11 October 2013 and 24 March 2014 still applied.

Salesi Temo
JUDGE

Solicitor for Accused : In Person
Solicitor for State : Office of the Director of Public Prosecution, Suva.