Rupeni v State [2018] PGNC 431; N7537 (31 October 2018)

N7537

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR (AP) No. 307 OF 2018

TERRY IELI RUPENI
Applicant

V
THE STATE
Respondent

Kimbe: Miviri AJ
2017: 30^th October

CRIMINAL LAW – PRACTICE AND PROCEDURE – Bail application – Bail Act S18, 23–S 155 (4) Constitution ––Reckless and dangerous driving S39 Road Traffic Act 2014 –pending district Court matter—Bail granted K500—variation Section 23—Leave to travel Solomon Islands – duty travel– fixed address and contact Solomon Islands – details of return travel back to PNG – no objections by State – good basis to grant established – variation granted–bail varied in the terms of the application.

Cases Cited:

Nil
Counsel:

H Roalokona, for the State
A Paru, for the Defendant

RULING ON BAIL APPLICATION

31^st October, 2018

1. MIVIRI AJ: This is the Ruling on an Application for Variation of Bail pursuant to Section 23 of the Bail Act for leave to travel out of Papua New Guinea Port Moresby to the Solomon Islands, Capital of Honiara by the Applicant on the 4^th and return on the 10^th November 2018.
   
2. Section 23 of the Bail Act allows an Applicant on Bail for urgent personal reasons by occupation to leave and to return to the country by reasonable notice to the other side and to apply to the National or the Supreme Court on the same. Which is the situation of the Applicant here relying on the materials set out below. If allowed conditions can be imposed by court here in fulfilment.
   
3. It is unopposed by the State in view of the material attached in support of the application set out below.
   
4. The Applicant has been charged pursuant to Section 39 of the Road Traffic Act 2014 Section 39 (2) of reckless and dangerous driving. According to Information filed before the Boroko District Court indicates the Applicant was released on Bail of K500, copy of receipt which is annexure “B” to the affidavit of the applicant dated the 29^th October, 2018.
   
5. By that Affidavit the Applicant is Manager IT of Network Operations of the Bank of South Pacific and has conduct or carriage of the matter and confirms his duties by annexure “A” to his affidavit. Applicant is a Fiji citizen and has been working with BSP since September 2017 for three years. And before that was employed by AllcomPNG and a resident of Papua New Guinea since 2014. And was arrested and charged with the allegation set out above in this ruling on Thursday 28^th June, 2018. And has since being attending the Boroko District Court on five separate occasions whilst on bail particulars set out in his affidavit since the 24^th July to 16^th October 2018.
   
6. The Applicant deposes that his reason to travel out of Port Moresby to Honiara Solomon Islands for duties relating to his office particulars he has set out by annexure “F” to his affidavit including paragraph 6 of his affidavit. And will be residing at the Heritage Park Hotel in Honiara and can be contacted there on telephone [phone] and also on his mobile [phone]. His passport is currently held by the court which he has used on a family matter to travel out to Fiji between the 1^st and the 9^th July 2018 respectively attached as annexure “G1” and “G2” to his affidavit. And has since cooperated with Police and the Courts. And will comply with any orders so granted by this application to return to Papua New Guinea to answer to the charges and complete the matter in law. This is evident by annexure “E” travel details from the 4^th to 10^th November 2018 when he returns to Port Moresby.
   

Further Evidence in support

7. Further in support of the application is the filed additional affidavit of Eremasi Kosoniu dated the 29^th October 2018 which is sworn the 26^th October 2018 whereby the deponent swears that he is the Senior IT manager IT Communications of the Bank of South Pacific. That he received an email from Senior BSP Manager Data Centre Facilities of Information Technology one Andrew Stoakes requesting confirmation on the travel dates to the Solomon Islands for project works on the IT Disaster Recovery Data Centre Network. And he confirms independently the details of the applicant’s material in support from his position details set out above including the travel and return as particularized.
   

Ruling

8. The Application is granted pursuant to Section 155 (4) of the Constitution Section 18 and Section 23 of the Bail Act in the particulars of the application. The material filed in support of the application satisfies the required balance in law on the matter and therefore the grant of the application in and within the terms set out in the application.
   
9. Bail currently is varied allowing granting of leave of the applicant to travel out on 4^th November 2018 from Port Moresby to Honiara and return on the 10^th November 2018 for the reasons deposed.
   
10. In furtherance thereof application is granted for the release of his Passport in the care and custody of the District Court registry to be released forthwith to mandate his travel to and return for the purpose and discharge of his official duties as set out by the material to this application.
    
11. That upon return the passport shall be forthwith returned and deposed into the care and custody of the Clerk as is presently maintained until the matter against him is fully discharged should release be accorded in law forthwith.
    
12. As sought he will within two clear days inform the Registrar, Police Prosecution and the Public Prosecutor’s office prior to his departure particulars including of travel out and in returning with the production of details thereof. These are as set out with the terms of the application paragraphs 2 (a) (b) (c) (d) of the Notice in this application. And also within the terms of paragraph 3 of the notice sought.
    
13. Application is granted as sought.
    

Orders Accordingly,

BSP In house: Lawyers for the Defendant/Applicant

Public Prosecutor: Lawyers for the State/Respondent