Ting Ming Teck v State [2019] PGNC 82; N7740 (8 March 2019)

N7740

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR (AP) No. 49 OF 2019

TING MING TECK

V

STATE

Kimbe: Miviri J
2019: 08^th March

CRIMINAL LAW – PRACTICE AND PROCEDURE – Bail – application –leave variation– Section 20 Bail Act – leave to travel overseas – recreational leave – State no serious objection – increase of surety K10, 000 – application granted – leave granted to travel.

Facts
Applicant moved to be granted leave to travel out of the country whilst on bail.

Held
Application made out
Leave granted
Surety increased to K10, 000
Bail varied.

Counsel:

E. Kave, for the State
F. Kua, for the Applicant

RULING

08^th March, 2019

1. MIVIRI J: This is the Ruling on the Applicant’s Motion pursuant to Section 23 of the Bail Act dated and filed the 07^th March, 2019 for leave upon bail granted to vary to travel out of the country to Malaysia.
   
2. Applicant was granted bail with surety of K500 by the District Court on a charge that he sent a ship MT Viking to sea in such an unseaworthy state that the lives of persons on board were likely to be endangered pursuant to section 331 of the Criminal Code. He has annexed information dated the 22^nd February 2019 charging him of the offence pursuant. He is alleged to have instructed the captain to take the tug boat to help load another ship which got stuck along the way on a reef.
   
3. He has a recognizance of being granted bail dated the 21^st February, 2019 in the sum of K500 and a Bail Certificate dated the 22^nd February, 2019 granting him bail in that amount. One of the conditions is not to leave West New Britain without the leave of the court, hence this application before the court. He has certificate of guarantors Robert Mape of Kimbe pledging K250 as undertaking for bail and Moses Narol of Kimbe also similar both certificates dated the 22^nd February 2019.
   

Short Facts

4. He relied on his own affidavit sworn the 6^th March, 2019 and filed the 7^th March, 2019. Amongst the material particulars were that he is employed as Operation Manager for Bismarck Industries Limited at Silovuti Logging Company for 9 years. He is going home to Malaysia on recreational leave and he attaches his contract of employment dated the 2^nd March, 2017 for three years. It means that contract expires on the 2^nd March, 2020. In the contract too is the fact that he is entitled to be paid leave after service to the company for 15 months. That would be due here and consistent with his case.
   
5. He has also annexed “C1 and C2” travel itinerary to Singapore and return dated initially on the e-ticket number 6563456299823 dated the 9^th March 2019 out of Hoskins on PX 0275 and on that same day to Malaysia on PX0392 returning on Tuesday 19^th March 2019 on PX 0393 from Singapore arriving Port Moresby Wednesday 20^th March 2019 and into Hoskins on that same day on PX 0252.
   

State

6. The State has not seriously objected but has raised that the surety be raised to K10, 000 as opposed to K500 which has not be disputed in reply by the applicant who has conceded.
   

Issue

7. Whether or not there have been reasonable grounds shown that in all the circumstances applicant should be granted leave to vary his bail to travel out of the country?
   

Ruling

8. In my view there has been established reasonable grounds by this affidavit with the materials annexed to grant leave for him to travel as dated 9^th March 2019 and to return as dated 20^th March 2019.
   
9. That pursuant to section 23 of the Bail Act the applicants bail is varied and leave is granted for him to travel out of the country to Malaysia on 9^th March 2019 and return 20^th March 2019 forthwith.
   
10. His surety is varied from K500 to K10, 000 to be paid forthwith to the State under section 23 (3) of the Bail Act pursuant and an official receipt of payment to be filed with the court registry.
    
11. I further order that the applicants passport with the district Court be released forthwith upon receipt of the payment of the K10, 000 surety.
    
12. And the full terms of the original orders revert and resume as of the 20^th March 2019 when he returns.
    

Orders accordingly.

Public Prosecutor : Lawyer for the State

Felix Kua Lawyers : Lawyer for the Defendant