Regina v Robu [2000] SBHC 61; HC-CRC 028 of 1998 (14 June 2000)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 28 of 1998

REGINA

v.

JOHN ROBU, HENRY FARAMASI, LENCY MAENU AND PETER KA'ABE

Hearing: 14^th June 2000
Ruling: 14^th June 2000

Public Solicitor (P. Lavery) for the Applicants/ Defendants
R.B. Talasasa for the Respondent/ Crown

PALMER J: On 14^th June 2000, I granted bail to the Defendants and said I would give reasons later. I now do so. This is a most unusual application by learned Counsel, Mr Lavery for the Applicants, for bail. It is unusual in that it is made in a part heard trial and not before the Presiding Judge taking carriage of this case. It is also unusual in that it is an application for bail under one of the most serious offences prescribed under the Criminal Law; murder. Learned Counsel Mr Lavery knew, that in normal circumstances he would not have bothered to make this application as it would have been virtually impossible even to get a hearing from me. I pointed this out to him at the beginning of the hearing. There were two reasons pointed out to him. First, this was a part heard trial. Prosecution had almost completed its case. It had only one more witness to call, the Doctor who carried out post-mortem report on the body of the deceased person. The case had merely been adjourned to allow time for Prosecution to call the Doctor who unfortunately had gone abroad on study leave. Secondly it was pointed out to Mr Lavery that the most appropriate person to deal with this application would have been the Presiding Judge. Unfortunately the learned judge had taken his annual leave and was not available to deal with this bail application.

There were however, pressing needs urged upon me to hear this case. I have reluctantly obliged. Three matters were relied upon for this application. The first one pertained to the uncertainty about when the Doctor will be available. I consider this to be of minor significance, to the question of bail. That is a matter for the Presiding Judge to consider when the matter next comes before him. The second matter relied on was the uncertainty as to when the Presiding Judge will next be available. Again I consider this to be of minor significance to the question of bail as this matter can simply be brought up for mention before the learned Judge when he resumes duty. The third reason given however, is much more serious and urgent and has been impressed upon this Court on that basis. With all the political upheavals, wrangling and shakings of lawful authority going on in the country, learned Counsel Mr Lavery should be commended for keeping the door of the Public Solicitors Office open, attending to the constitutional rights and needs of persons requiring legal assistance at these most trying and difficult times. One of those affected are the Defendants in this case. There are others however, including remandees for various offences who were due to appear before the Magistrates' Courts for bail or extensions of their remand warrants. The events of the early hours of Monday morning, 5^th June 2000 have dramatically affected the lawful and normal processes of the administration of justice in this country. I am told Prison Officers looking after Rove Prison for instance, are not in control. The Controller of Prisons I am told, had been "relieved" of his duty and the joint Para-Military/Malaita Eagles Force ("JPM-MEF") have since been in control of events at Her Majesties Rove Central Prison. Fortunately so far, I am told the Prison premises remain secure under the control of the JPM-MEF. Learned Counsel Mr Lavery, who has been in and out of Prison to visit his clients inside and take instructions, describes the situation inside as a tinder box. He advises the Court there have been several brawls inside between ethnic groups and between life timers and remandees. One of his clients he claims had been threatened with a knife by one of the Prison Officers looking after them. He also described the tension inside as quite high. There had also been a break out but that those escapees were later captured and brought back in by the JPM-MEF. He described a mass break out as not an improbability in the light of prevailing circumstances. He urged this Court in the light of those extreme situations and uncertainty to exercise its discretion and consider granting bail to the Defendants. Learned Counsel for Prosecution, Mr Talasasa, concurs with reluctance. He graciously advised Court he had been instructed to object the application, but after considerable thought had decided to leave the matter in the discretion of the Court, though he did point out certain conditions which he would wish to be attached to any bail that might be granted.

I commend Counsels for their honesty and sincerity before me in this application. I note it had not been an easy decision for them to come to this Court and make this application, knowing full well, that in normal circumstances such application would have been thrown out even before they could be given a hearing. They have nevertheless come to Court, balancing the duty owed to their clients, with the duty owed to Court, to assist it reach a fair, just and correct decision in law.

I am reminded, that these Defendants at this point of time, are presumed innocent until proven guilty. I am also reminded that the body authorised under the laws of this Country to look after the welfare of Prisoners and remandees at this point of time, is not functioning as it ought to. The Prison Service, as one of the disciplined forces in Her Majesty's Government is not functioning properly and effectively as it ought to in the present circumstances. The Controller of Prisons is not at his post for obvious reasons and does not have control over his Officers at this point of time. I have already pointed out this situation must not be allowed to continue for too long. Prisoners too have their rights under the laws of this Country and need to be protected. That can only be done under an effective Prison Force and effective Government. In the light of prevailing circumstances and the compelling submissions of the learned Counsels urging this Court to protect and preserve the rights of these Defendants, pending continuation of their trial, it is my respectful view, justice demands that bail be granted, but that it may be reviewed by the Presiding Judge when normalcy is restored or when the matter next comes before his Lordship.

COURT ORDER:

Bail is granted on the following terms:

1. That the Defendants, John Robu, Henry Faramasi, and Peter Ka'abe reside at Auki pending continuation of this murder trial.

2. That the Defendant, Lency Maenu reside at Kenan Village, Kolombangara Island with his mother pending continuation of this murder trial.

3. That two sureties for each Defendant for $500-00 be provided.

4. Cash bail deposit of $500-00 per person be paid into Court.

5. The Defendants; John Robu, Henry Faramasi, and Peter Ka'abe are to report to Auki Police Station every Friday of each week until next trial date.

6. That the Defendant, Lency Maenu report to Ringi Cove Police Station every Friday of each week until next trial date.

7. That the Defendants attend at this Court for continuation of their trial on Monday 21st August 2000 at 9.30 am.

THE COURT