Benedito v State [2014] FJMC 41; Criminal Case 345.2012 (24 March 2014)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA

CRIMINAL CASE NO: 345/2012

BETWEEN:

IOWANE BENEDITO
APPPLICANT

AND:

STATE
RESPONDENT

Applicant in person
Ms. Navia for the State
Date of Hearing : 24th March 2014
Date of Ruling : 24th March 2014

RULING ON BAIL

1. The applicant with two others are charged in this Court for two counts of Aggravated Robbery contrary to section 311(1) (a) of the Crimes Decree and one count of Escaping from Lawful Custody contrary to section 196 of the Crimes Decree and one count of Driving Motor vehicle without a license contrary to Land Transport act.
   
2. The applicant previously filed bail applications and this Court refused them on 08-10-2013 and 14-01-2013.
   
3. He has filed a new bail application on 13-02-2014 seeking bail on the following grounds.
   
   1. He has the right to life.
   2. Presumption of innocent.
   100. He is looking after elderly parents.
   4. There is no risk of absconding.
   5. He has been in remand for almost 02 years.
      
4. The State filed the response on 24th March 2014 objecting to bail.
   
5. As correctly pointed out by the Respondent this is a review of the bail decision as this court has already refused bail on two occasions to the Applicant. Therefore section 30 (7) of the Bail Act is applicable in this application.
   

Section 30(7) of the Act provides:

"A court which has power to review a bail determination, or to hear a fresh application under section 14(l), may, if not satisfied that there are special facts or circumstances that justify a review, or the making of afresh application, refuse to hear the review or application."

6. In State v Nausu [2009] FJHC 46; it was held that bail will be granted on review if there is change in circumstances.
   
7. I have considered this bail application as well as the objection filed by the State. This Court has already dealt with the grounds submitted by the Applicant in the previous bail rulings.
   
8. I find that there is no change of circumstances that justify in reviewing my earlier decisions. Therefore I dismiss this bail application.
   
9. 28 days to appeal
   

24th March 2014

H.S.P.Somaratne
Resident Magistrate, Suva