Nasi v State [2016] FJMC 235; Criminal Case 1953.2016 (21 November 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

CRIMINAL CASE NO: 1953/2016

BETWEEN : AKUILA NASI

APPPLICANT

AND : THE STATE

RESPONDENT

For the Applicant: Mr.Gade as Duty Solicitor

For the Respondent: Cpl Fisher

Date of Ruling : 21^st 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. The applicant is first produced to the court on 18/11/2016 and I have transferred this matter to the High Court pursuant to section 191 of the Criminal Procedure Decree.
3. In the meantime the counsel for the applicant applied for bail. The prosecution objected based on the seriousness of the offence and other co-accused are still not apprehended.
   4. Section 03 of the Act provides that the accused person has a right to be released on bail unless it is not in the interest of justice that bail should be granted.
   5. The presumption of granting bail to a person has to be rebutted by the State.
   6. The primary consideration in granting bail is the accused person appearing in the Court to answer the charge(section 17(2) of the Act )
7. Section 19(1) of the Act outlines the reasons for refusing bail and they are as follows:-
   1. The accused person is unlikely to surrender to custody and appear in court to answer the charges laid;
   2. The interest of the accused person will not be served through the granting of bail; or
   100. Granting bail to the accused would endanger the public interest or make protection of the community more difficult
8. In Isimeli Wakaniyasi v State ( 2010),FJHC 20;HAM 120/2009 (29th January 2010), his Lordship Justice Goundar held that "All three grounds need not exist to justify refusal of bail, existence of any one grounds is sufficient to refuse bail".
9. The seriousness of the charge is a factor the Court can take in to consideration when deciding about bail. But when an accused has no history of breaching of bail conditions, no pending cases and prepared to abide by strict bail conditions seriousness is not sufficient to remand him.
10. I am mindful also that Article 14(2) (a) of the 2013 Constitution states that every person charged with an offence has the right to be presumed innocent until proven guilty.
11. Therefore based on following conditions I grant bail to the applicant:
    1. Bail in his own recognizance in the sum of $1000
    2. With two sureties in the sum of $1000 each
    100. Not to interfere with the complainant and other witnesses
    4. Not to reoffend
    5. Report to nearest Police Station every Saturday between 8am to 6pm.
    6. Surrender the passport and other travel documents to the registry.
    7. Curfew for the applicant from 8pm – 5am
    8. Not to change the address
    9. Any breach of these conditions is likely to result in cancelation of the bail
12. 28 days to appeal

Shageeth Somaratne

Resident Magistrate