Sulumae v Regina [2008] SBHC 80; HCSI-CRC 401 of 2008 (16 December 2008)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 401 of 2008

IN THE MATTER OF: an application for bail

BETWEEN:

SAVERIO SULUMAE
Applicant

AND:

REGINA
Respondent

Date of Hearing: 12 December 2008
Date of Judgment: 16 December 2008

Ms. Anderson for Applicant
Ms. Kesaka for Crown

DECISION ON BAIL

Cameron PJ.

1. The applicant Sulumae is charged with the murder of Eric Kimo on 11 October 2008. He was arrested on 16 October 2008 and has remained in custody since. He now applies for bail.

2. The alleged facts are that there was a fight between the applicant and the deceased that day, during which the applicant stabbed the deceased in the back with a yellow handled knife. The knife penetrated the left lung of the deceased, who was then rushed to hospital but later died from loss of blood.

3. The applicant denies his involvement in the incident.

4. The issue at trial will be as to identification, the defence says that from the statements of Crown witnesses made available by way of disclosure, none of the witnesses recognised the attacker as someone they knew, and that the descriptions they have given of that person are so general by nature that they could fit any number of young Solomon Island men. In other words, there is nothing in the statements linking the descriptions given to police to the applicant in particular. To date there has been no identification parade, so there has been no opportunity for any of the witnesses to say whether or not they recognise the applicant as the offender. As stated the applicant has been in custody since 16 October 2008 so there has been more than a reasonable opportunity for the police to have arranged this.

5. I raised these matters with counsel for the Crown, in an attempt to ascertain on what basis the Crown alleges that it was the applicant who was the attacker. Through no fault of her own, Ms Kesaka was not able to enlighten me as to this.

6. I am left with no alternative but to grant bail to the applicant, based on the current state of the proposed evidence as to identification. In so doing, I have not overlookied the assertion that the applicant evaded police for a period prior to his arrest, an assertion which is not substantiated by the material put forward.

7. The applicant is now released on bail with appropriate residential and reporting conditions.

BY THE COURT

Hon. Justice IDR Cameron
Puisne Judge