Wanman v Regina [2008] SBHC 22; CRC 22 of 2008 (12 February 2008)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 22 of 2008

MICHAEL WANMAN

V

REGINA

(Mwanesalua, J.)

Hearing: 8 February 2008
Ruling: 12 February 2008

Ms Anderson for the Applicant
Mr Mirou for the Respondent

RULING

Mwanesalua, J: This is an application for bail by the Applicant, Michael Wanman. He was charged with one count of Murder under Section 200 of the Penal Code. It was alleged by the Respondent that he murdered the late Frank Parahu on the 16 December 2007 in Honiara. He has been remanded in custody at the Rove Prison since he was arrested for the offence on 27 December 2007. His remand warrant has however been occasionally extended within the relevant period according to law. The matter has been set down for long form of preliminary inquiry as from the 8 April 2008. The main point advanced in support of his application is that the evidence to be adduced against him is weak and therefore he should be admitted to bail by this court. There were also other accused arrested for the same offence.

The Respondent opposed the application on the basis that the Applicant is of bad character, as he had previous convictions at the Magistrates’ Court; that he would re-offend if released on bail; and that he would interfere with the evidence of Rose Waitahi if released on bail.

The evidence of Rose Waitahi is currently contained in 3 statements recorded from her on 28 December 2007, and on 10 and 11 of January 2008. The opinion of this court is that those statements do not disclose evidence which directly link the Applicant as the person who actually caused the death of the victim. There is prima facie evidence from material placed before the court, for purposes of this application which indicated, that it was another accused who caused the death of the victim. However, there is evidence which suggests that the Applicant assaulted the victim before he was stabbed to death by the other accused. As to whether or not this evidence would be sufficient to link the Applicant as a party in the murder, is a matter to be proved by the Respondent at the relevant time in due course.

The Applicant had previous convictions at the Magistrates’ Court. His latest convictions were made on 30 March 2006. There was no evidence to show that he evaded court proceedings at the Magistrates’ Court. The murder charge hanging over his head at the present time is obviously serious, but he says through his advocate, that he denied committing the offence, and would defend himself from the charge during the preliminary inquiry.

It seems that he has been living in Honiara for many years. He has a brother living and working in Honiara. His name is Eric Fakaia who works for Solomon Islands Co. Ltd and lives with his family in his own house at Kaibia, in central Honiara. He has given his consent for the Applicant to stay with him while the Applicant awaits hearing of his case. Eric Fakaia is also willing to stand as surety for the Applicant.

This court is not satisfied that there are substantial grounds for believing, if he is released on bail, the Applicant would abscond or would interfere with all witnesses who would testify against him in the preliminary inquiry.
The court has reached the conclusion after it has considered all materials and submissions placed before it for purposes of this application, that it will exercise its discretion to grant bail to the Applicant on the following conditions:

1. Not to be released from custody at the Rove Prison until Eric Fakaia has signed as surety for the Applicant in the sum of $2,000.00 at the High Court.
   

2. To reside with Eric Fakaia at Kaibia in central Honiara until the preliminary inquiry on his case is completed.

3. Not to speak directly or indirectly with crown witnesses.

4. Not to interfere with crown witnesses directly or indirectly.

5. Not to leave Honiara until the preliminary inquiry on his case is completed.
   
6. Not to re-offend from the time of his release on bail until the preliminary inquiry on his case is completed.
   

7. To appear at the Honiara Magistrates’ court on 26 February 2008 at 9:00am for mention.

8. To report at Central Police Station every Friday, between 8:00am and 4:00pm until the preliminary inquiry on his case is completed.

9. To appear at the Honiara Magistrates’ Court on 8 April 2008 at 9:00am for the preliminary inquiry, and on any other times and dates which he is required to appear before that court.

THE COURT