Matei v State [2016] FJMC 222; Criminal Case 1890.2013 (4 November 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

CRIMINAL CASE NO: 1890/2013

BETWEEN : SAMUELA BABA MATEI

APPPLICANT

AND : THE STATE

RESPONDENT

The Applicant:In person

For the Respondent: WPC Fisher

Date of Ruling : 04^th of November 2016

RULING ON BAIL

1. The applicant is charged with one count of Aggravated Robbery contrary to section 311(1) (a) of the Crimes Decree No. 44 of 2009.
2. His previous bail applications have been rejected by this court.
3. Now he has filed a new bail application seeking bail. The reasons for the bail are the presumption of innocent and to look after the family.
4. The respondent is objecting for the bail and submitted based on seriousness of the charge and interest of the applicant they oppose bail.
5. Section 14 of the Bail Act (“Act”) states that the accused person may make any number of bail applications to the court.
6. Part VIII of the Act deals with the review of the bail and section 30(2) states a court can review its own bail decision or another court decision.
7. But when reviewing or hearing a new bail application the court has to satisfy there are special facts or circumstances that justify a review or hearing the new application (section 30(7) of the Act).
8. If the court is not satisfied, the court can refuse to hear the application.
9. Now I consider the new bail application by the applicant. The main grounds for this application are the presumption of the innocent and to support the family.
10. But I am of the view that these are not new grounds to consider. There is no doubt that the applicant is presumed to be innocent until proved guilty by the court. But in deciding the bail the main consideration is the applicant appearing in the court to answer to the charge.
11. He was remanded by this court because without a valid reason he failed to appear in this court for nearly 02 years after granted bail.
12. And when refusing his bail, I previously consider about his family back ground also. Therefore I find there are no special reasons to reconsider my previous bail ruling and dismiss this bail application also.
13. 28 days to appeal

Shageeth Somaratne

Resident Magistrate