Veikau v State - Bail Ruling [2016] FJHC 570; HAM 087.2016 (23 June 2016)

IN THE HIGH COURT OF FIJI
AT SUVA
[MISCELLANEOUS JURISDICTION]

CRIMINAL CASE NO: HAM. 087of 2016

(HAC 132 of 2016)

TEVITA VEIKAU

V

STATE

Counsel : Ms.S. Mishra for Applicant
Ms.S. Serukai for Respondent

Date of Hearing : 31^st May 2016
Date of Ruling : 23^rdJune 2016

BAIL RULING

1. This is an application for bail pending trial. The applicant is charged with one count of attempt to commit rape contrary to section 208 of the Crimes Decree 2009 (“Crimes Decree”). This offence carries a maximum sentence of 10 years imprisonment.
   
2. The complainant in the substantive case is 14 years old. The applicant admits that the relationship between him and the complainant is a domestic relationship according to the Domestic Violence Decree 2009 (“Domestic Violence Decree”)
   
3. Therefore, in terms of section 3(4)(c) of the Bail Act 2002 as amended by the Domestic Violence Decree (“Bail Act”), the presumption in favour of bail provided under section 3(3) of the Bail Act is displaced in this case.
   
4. However, even in a case wherean applicant is charged with a domestic violence offence,unless the court is satisfied that the safety of the complainant is likely to be put at risk if bail is granted; bail must be granted. [Gan State HAM 060/2016; 03 May 2016]
   
5. According to the applicant’s affidavit dated 22/06/16 filed in reply to the supplementary affidavit of CPL 4106 WaiseaDirabici, applicant’s father and the complainant’s father are cousins and the applicant and the complainant lived in the same village setting until the alleged incident. The applicant submits that he intend to live in Nasole, Nasinuand work in a farm if he is granted bail.
   
6. The respondent submits that the presumption in favour of bail is displaced andobjects for bail stating that the applicant is charged with a serious offence and thatthere is a strong case for the prosecution.It is pertinent to note that, according to the affidavit of CPL 4106 WaiseaDirabici filed on 21/06/16, the complainant now resides in a girls home in Suva.
   
7. Considering all the facts submitted by both parties, I am not convinced that the safety of the complainant will be put at risk if bail is granted to the accused,taking into account the conditions that could be applied.
   
8. Therefore, the applicant is granted bail subject to the following conditions;

The Applicant should;

1. sign a personal surety bond of $1000;
2. appear in case No. HAC 132of 2016 on every court date;

100. not commit any offence whilst on bail;

4. reside at a an address other than the residential address of the complainant;
5. provide clear details of his residential address and reside at that address until the conclusion of the case, HAC 132of 2016;
6. not change the aforementioned address provided to court without the leave of the court;
7. not assault, threaten or harass the complainant;
8. not interfere with prosecution witnesses either directly or indirectly;
9. surrender all travel documents to court or if he does not have any travel document, then should not apply for any travel document and not leave the jurisdiction until the conclusion of the case HAC 132of 2016;
   
10. report to Valelevu Police Station on every Monday between 6.00am and 6.00pm, commencing from27/06/16;
11. remain at home curfewed daily between the hours of 7.30pm to 5.30am;

50. not enter or remain on any land or building occupied by the complainant; and

13. provide two sureties acceptable to court and each surety to sign a bond of $1000 to ensure that the Applicant complies with his bail undertaking.

Vinsent S. Perera
JUDGE

Solicitor for the Applicant : Legal Aid Commission, Suva

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