Sukulu v Regina [2008] SBHC 83; HCSI-CRC 418 of 2008 (16 December 2008)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No.418 of 2008

IN THE MATTER OF: an application for bail

BETWEEN:

SONNY SUKULU
Applicant

AND:

REGINA
Respondent

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

Mrs. K. Anderson for Applicant
Ms. F. Joel for Crown

DECISION ON BAIL

Cameron PJ.

1. The applicant Sonny Sukulu is charged with murdering Andrew Bua on 17 October 2008. He was arrested on 23 October 2008 and has remained in custody since. He now applies for bail.

2. Briefly the facts are that the applicant and the deceased Andrew Bua both lived at Daudau Village, Maero, Malaita, where the incident occurred. That night the deceased was drunk and armed with a bush knife, and in a belligerent mood chased some boys from a canteen. They escaped and hid. The deceased later came looking for them. He called at the lodge where the applicant was staying and asked for the boys. The applicant told the deceased that they were out, and as the applicant was exiting the lodge the deceased cut the applicant's finger with his bush knife. The applicant was unarmed and it was an unprovoked attack. The applicant then picked up a piece of piping from under the lodge and swung it at the deceased, but it missed. The deceased followed the applicant to underneath some cocoa trees, where it is alleged he advanced towards the applicant with the bush knife. The applicant swung the pipe again, landing a heavy blow on the left side of the deceased's head. He fell down unconscious , and died in hospital from the blow five days later.

3. The applicant was also hospitalised because of the injury to his finger, and ironically both he and the deceased spent 5 days in the same ward at the hospital before the deceased died.

4. The applicant reported the incident that same night, although it would appear there was some delay before he did that. It seems that he did not attempt to render medical assistance to the deceased immediately following the incident, which reflects badly on him. Police were notified once the applicant told others about the incident. The parents of the applicant were instrumental in this notification.

5. On the face of it, the defence of self-defence appears strong, particularly as no one else witnessed the actual incident. On this basis, the Crown neither consent to nor oppose bail.

6. The applicant is 19 years of age, and if bailed will live with his uncle, a well respected community leader, in Honiara. That would remove the risk of interference with witnesses, who are all based in Malaita.

7. I consider that a combination of factors make his a case where special circumstances exist in relation to the question of bail. The principal factor is a strong defence of self-defence, but I also refer to the cooperation of the applicant and his family with bringing the matter to the attention of the authorities, the fact that there will be no opportunity to interfere with witnesses, the willingness of a well respected uncle who is a community leader to have the applicant to live with him and ensure he complies with any bail conditions and the fact that the applicant is only 19 years old and has no previous convictions. In view of those special circumstances I order that the applicant be released on bail pending trial with appropriate residential and reporting conditions.

BY THE COURT

Hon. Justice IDR Cameron
Puisne Judge