Kumar v State [2018] FJHC 121; HAM003.2018 (27 February 2018)

IN THE HIGH COURT OF FIJI

AT LAUTOKA

CRIMINAL MISCELLANEOUS JURISDICTION

CRIMINAL MISCELLANEOUS CASE NO: HAM 003 OF 2018

BETWEEN

EDWIN ELVIN KUMAR

Applicant

AND

STATE

Respondent

Counsel : Applicant in Person

Ms. S. Kiran for Respondent

Date of Hearing : 23^rd February, 2018

Date of Ruling: 27^th February, 2018

BAIL RULING

1. The Applicant applies for bail pending trial. He is charged with one Count of Rape contrary to Section 207 and one Count of Sexual Assault contrary to Section 210 respectively of the Crimes Decree 44 of 2009. Complainant in the substantive matter is his wife.
   
2. The State filed their response supported by the affidavit of DC Apakuki. The State is objecting to bail on the grounds stated in the affidavit.
   
3. The Applicant was granted bail by this Court on the 12^th June, 2015 with stringent bail conditions. His bail was revoked by this Court when it found Applicant breaching bail conditions and interfering with prosecution’s witnesses. He had been in remand since 1^st September, 2015 till 27th April, 2016. Applicant’s application for Bail dated 8^th February, 2016 was refused by this Court. Having refused bail to the Applicant, Court decided to advance the trial which had earlier been fixed in August, 2016.
   
4. Unfortunately, the new trial date was not suitable to the Applicant. Respecting Applicant’s right to a counsel and his right to have ample time to prepare for his defence, Court vacated the trial on his request.
   
5. The Applicant was granted bail on 27^th April, 2016 and the trial was fixed for 28^th June, 2017. Applicant failed to appear in Court on 28^th June, 2017 when the case was taken up for hearing. Applicant’s explanation for his failure to attend court is that he misunderstood the date.
   
6. On the 26^th June, 2017, two days prior to the trial date, he was clearly informed of the trial date and advised him to prepare for trial. Applicant’s explanation for his absence is not acceptable. He has been given ample opportunity to abide by bail conditions.
   
7. Hearing of Applicant’s substantive matter will be taken up for hearing on 3^rd of April 2018 as scheduled.
   
8. Order- Bail refused.
   
9. 30 days to appeal to the Court of Appeal.
   

Aruna Aluthge

Judge

At Lautoka
27^th April, 2016

Solicitors: Applicant in Person

Office of the Director of Public Prosecution for the Respondent