Saukelea v State [2014] FJMC 94; Criminal Case 181.2014 (29 May 2014)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA

CRIMINAL CASE NO: 181/2014

BETWEEN:

PENISONI SAUKELEA
APPPLICANT

AND:

STATE
RESPONDENT

Ms. Lavinia David( legal Aid) for the Applicant
Ms. Navia for the State

Date of Hearing : 29th May 2014
Date of Ruling : 29th May 2014

RULING ON BAIL

1. The learned counsel from the Legal Aid filed a motion with an affidavit in support seeking bail pending trial for the applicant.
   
2. When this was supported today the State objected to this application and stated that there were no changes of circumstances to grant bail.
   
3. I have already rejected his previous bail application on 15th May 2014 . Therefore section 30 (7) of the Bail Act is applicable in this application.
   
4. 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."

5. When I inquired about the change of circumstances the only ground learned legal aid counsel submitted was that the applicant needs to look after his baby and presently his relatives are no longer supporting him
   
6. This ground was canvassed by applicant in his previous bail application also and I have considered that before rejecting the bail. Therefore I do not see any ground to reviewing my earlier decision.
   
7. Accordingly I dismiss this bail application.
   
8. 28 days to appeal
   

H.S.P. Somaratne
Resident Magistrate