Rabakoko v State [2016] FJMC 238; Criminal Case 1875.2016 (7 December 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

CRIMINAL CASE NO: 1875/2016

BETWEEN : SEMISI RABAKOKO

APPPLICANT

AND : THE STATE

RESPONDENT

The Applicant:In person

For the Respondent: Ms.S.Sharma(ODPP)

Date of Ruling : 07^th of December 2016

RULING ON BAIL

1. The applicant is charged with one count of Aggravated Burglary contrary to section 313(a) (b) of the Crimes Decree No. 44 of 2009.
2. His previous bail application has been rejected by this court(ruling dated 08^th November 2016) .
3. Now he has filed a new bail application seeking bail. The reasons for the bail are the sole bread winner of the family and fear of losing his job.
4. The respondent is objecting for the bail based on the grounds taken in the initial bail application as well as on his pending cases.
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. Having considered the applicable law in the above manner, now I turn to this application. The main grounds for this fresh application are sole bread winner and fear of losing the job.
10. But in my view these are not new grounds to consider as they were submitted with other grounds when he applied for the bail first time in this court on 07/11/2016.
11. I refused his bail previously because he failed to appear in this court for a case of Aggravated Robbery from 03/12/2015. Further it is shown during this bail hearing now that he is in bail from MC 5 for Burglary case. He seems to have breached the bail by appearing in this court for similar offence further putting the safety of the public in danger which is another reason to keep him in custody.
12. I find there are no special reasons to reconsider my previous bail ruling. Hence I dismiss this bail application also and remand the applicant further in this case.
13. 28 days to appeal

Shageeth Somaratne

Resident Magistrate