Vuloaloa v State [2015] FJHC 180; HAM03.2015LAB (13 March 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

MISCELLANEOUS CASE NO: HAM 03 OF 2015LAB

BETWEEN :

MARA VULOALOA
APPLICANT

AND:

THE STATE
RESPONDENT

Counsels : Mr. A. Kohli for Applicant
Mr. S. Vodokisolomone for Respondent

Hearing : 10 March, 2015
Ruling : 13 March, 2015

RULING ON BAIL PENDING TRIAL

1. In Labasa High Court Criminal Case No. HAC 03 of 2015, the applicant (accused) faced the following information:

Statement of Offence

UNLAWFUL CULTIVATION OF ILLICIT DRUGS: Contrary to Section 5 (a) of the Illicit Drugs Control Act 2004.

Particulars of Offence

MARA VULOALOA on the 7th day of January 2015 at Savusavu, in the Northern Division without lawful authority cultivated 94 plants of Illicit Drugs known as Cannabis Sativa weighing at 41.0kg.

2. The applicant had been remanded in custody ever since he first appeared in the Labasa Magistrate Court on 9 January 2015. On 17 February 2015, the applicant filed a notice of motion and affidavit in supporting, asking for bail pending trial. On 18 February, 2015, the respondent filed an affidavit in reply. On 10 March, 2015, I heard the parties in court. I have carefully read and considered the papers they had filed in court. I have also taken judicial notice of the matters mentioned in the substantive file.

3. It is well settled that an accused person had a right to bail pending trial, unless the interest of justice requires otherwise. The test for granting bail is whether or not the accused will turn up in court, on the date arranged for his trial. In considering the above test, it is mandatory for the courts to look at and consider the factors mentioned in Section 19 of the Bail Act 2002.

Factors No. 1: Likelihood of Accused's Surrender to Custody

4. The accused is 21 years old, and a farmer. He resides at Natuvu Settlement, Viani. He plants yaqona, cassava, vudi, kumala, dalo and other vegetables. According to the prosecution, their case against the applicant was strong. He allegedly confessed to the police for planting 94 plants of marijuana, which weighed a total of 41kg. If found guilty after trial, the accused faced a possible prison sentence of more than 10 years imprisonment. Under this head, the accused's chances of bail are slim.

Factor No. 2: The Interest of the Accused:

5. The accused may be tried early or middle next year. That's approximately 1 year two months away. He had been remanded in custody since 9 January 2015, approximately 2 months ago. The court has the power to hold people in remand for 2 years prior to trial. In any event, time spent in custody while on remand, will be deducted from his final sentence, if found guilty. He has no complaints on the remand conditions in Labasa Correction Centre. His lawyer can visit him in custody to take instructions and prepare his defence. If he can't afford a private counsel, he can apply for legal aid. There appears to be no reason to release him from custody, for any other lawful purpose. He is not incapacitated. Under this head, the accused's chances of bail, are slim.

Factor No. 3: The Public Interest and the Protection of the Community:

6. The allegation against the applicant is very serious. It is alleged that he planted 94 plants of marijuana weighing a total of 41kg at Viani, in the Northern Division. The evils of drugs in our community is well documented in various publications. Although the accused is presumed innocent until proven guilty beyond reasonable doubt in a court of law, in my view, it is in the public interest and the protection of the community that he be remanded in custody, until further orders of the court. Under this head, the accused's chances of bail are slim.

Conclusion

7. Given the above, I deny the accused's bail application. He is remanded in custody, until further orders of the court.

Salesi Temo
JUDGE

Solicitor for Applicant: Kohli & Singh, Solicitors, Labasa
Solicitor for Respondent: Office of Director of Public Prosecution, Labasa