Raj v State [2015] FJHC 181; HAM05.2015LAB (13 March 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION
MISCELLANEOUS CASE NO: HAM 05 OF 2015LAB

BETWEEN :

SHAREEN WATI RAJ
APPLICANT

AND:

THE STATE
RESPONDENT

Counsels : Mr. P. Lomaloma 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 04 of 2015, the applicant, with another, faced the following information:

Statement of Offence

MURDER: Contrary to Section 237 (a), (b) and (c) of the Crimes Decree No: 44 of 2009.

Particulars of Offence

BESUN DEO and SHAREEN WATI RAJ on the 13th day of January 2015 at Labasa in the Northern Division murdered PARMA NAND.

2. On 6 March 2015, the applicant had filed a notice of motion, with an affidavit in support, seeking bail pending trial. On 9 March 2015, the respondent filed an affidavit in reply. The court heard the parties on 9 March 2015, and adjourned to 13 March 2015 to deliver its ruling.

3. I have carefully read and considered the papers filed by the parties.

4. It is well settled that an accused charged with an offence had a right to bail pending trial, unless the interest of justice requires otherwise. The test for bail is whether or not the accused will turn up in court on the date arranged, to take his trial. In considering the above, it is mandatory for the court to consider the factors mentioned in Section 19 of the Bail Act 2002. In considering Section 19 of the Bail Act 2002, I take judicial notice of the matters contained in the substantive file, including the affidavits filed by the parties.

Factors No. 1: Likelihood of Surrender to Custody:

5. The accused is 40 years old, and was living in a de facto relationship with Besun Deo (42 years old), the co-accused. The deceased in this case was the accused's legal husband, and the two were locked in pending Domestic Court cases. They have a son, who at present, is living with his deceased father's relatives. According to the prosecution, they have a strong case against the accused, in that she allegedly confessed to the murder of her husband. If found guilty after trial, she will be sentenced to the mandatory life imprisonment. Under this head, the accused's chances of bail are slim.

Factor No. 2: The Interest of the Accused:

6. The accused will probably be tried in 2016, probably between 16 and 27 May (2 weeks). This is approximately 1 year 2 months away. He had been remanded in custody since 21 January 2015, approximately 1 month 2 weeks ago. The law gives the court the power to hold people in remand for 2 years prior to trial. In any event, if the accused is found guilty after trial, time spend in remand will be deducted from her final sentence. The accused is presently remanded in Korovou Women's Remand Centre. Although, she said she's represented by private counsel, if she runs out of money, she can easily apply for legal aid. Counsel can visit her in remand to take instructions and prepare her defence. Her child is now well looked after by his father's relatives. It is in her interest to concentrate on defending herself on this serious murder charge. There does not appear to be any need to release her for any other lawful reasons. Under this head, her chances of bail, are slim.

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

7. The allegation against the accused is a very serious matter. It allegedly arose out of a pending domestic dispute. The division of matrimonial properties and the custody of their only child was before the Domestic Court. In the midst of this dispute, the accused and her de facto-husband allegedly murdered the accused's legal husband. Although she 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 she be remanded in custody, until further orders of the court. Under this head, the accused's chances of bail are slim.

Conclusion

8. Given the above, the accused's application for bail is denied. She is remanded in custody until further orders of the court.

Salesi Temo
JUDGE

Solicitor for Applicant: P.R. Lomaloma, Barrister and Solicitor, Labasa
Solicitor for Respondent: Office of Director of Public Prosecution, Labasa