Veyagavi v State [2014] FJMC 64; Criminal Case 714.2010 (28 April 2014)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA
CRIMINAL CASE NO: 714/2010

BETWEEN:

ASELI VEYAGAVI
APPPLICANT

AND:

STATE
RESPONDENT

Applicant in person
Ms. Navia for the State

Date of Hearing : 28th April 2014
Date of Ruling : 28th April 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 No. 44 of 2009 .
   
2. This Court on 15th January 2014 refused bail to the applicant as he failed to appear in the Court on 29/10/2013 and 12/11/2013 and was arrested on a bench warrant.
   
3. He has filed a new bail application seeking bail on the grounds that he has a family and a 03 months old daughter to look after.
   
4. The learned state counsel in her oral submission objected to this application citing that there were no changes of circumstances from his earlier application.
   
5. I have already rejected his previous bail application . Therefore section 30 (7) of the Bail Act is applicable in this application.
   
6. 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."

7. This Court agrees with the State's position that there are no change of circumstances that justify in reviewing my earlier decision. Therefore I dismiss this bail application.
   
8. 28 days to appeal
   

H.S.P. Somaratne
Resident Magistrate, Suva