Dausina v Regina [2007] SBHC 79; HCSI-CRC 239 of 2007 (19 July 2007)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 239 of 2007

JOHN DAUSINA

-v-

REGINA

(Mwanesalua, J.)

Hearing: 12, 18 and 19 July 2007
Ruling: 19 July 2007

Mr. Ricky Iomea for the Crown
Mr. Patrick Southey for the Applicant

RULING

Mwanesalua, J: This is a bail application by John Dausina (the Applicant). He was committed to trial before the High Court on 25 January 2007 on one count of rape and one count of incest, contrary to sections 137 and 163 of the Penal Code (Cap.26) respectively. He has been remanded at Rove Prison pending his trial before the High Court.

He now comes to this court via his application to be granted bail pending his trial. His application is opposed by the Crown on the grounds that he could abscond and/or interfere with witnesses, in particular, the complainant.

The Applicant faces serious charges. Rape carries a maximum sentence of life imprisonment, whilst incest carries a maximum sentence of seven years imprisonment.

It is evident from the submissions by advocate for the Applicant, Mr. Southey, that the application for bail was made on the ground that no date has yet been set for trial. He further submits that the concerns expressed by the Respondent could be addressed by imposing appropriate bail conditions on the Applicant, such as imposing night curfews, reporting to the Police and by prohibiting the Applicant having direct and indirect contact with the complainant and other crown witnesses.

The court would be prepared to adopt the bail conditions advanced by Mr. Southey if the Applicant were to be granted bail. However the Applicant’s

Case has already been listed in the High Court Calendar for 2007. His case would come before the Court from 12 to 23 November 2007. Whilst there is a presumption that the Applicant should be grant bail pending his trial, this court would withhold its discretion to grant bail where dates for trial have been set as in this case. The Applicant’s application is therefore refused and dismissed accordingly.

Francis Mwanesalua
Puisne Judge