Regina v Gere [2011] SBHC 158; HCSI-CRC 406 of 2007 (6 July 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Jurisdiction

REGINA

-v-

JOSEPH GERE

Date of Hearing: 6th July 2011
Date of Judgment: 6th July 2011

Mr. Cade for the accused/Applicant.
Mr. Iomea for the Crown/Respondent.

RULING

Apaniai, PJ:

1. The applicant, Joseph Gere, is charged with the murder of Andrew Kipley at the Town Ground Twin Towers on or about the 16th September 2007.
   
2. He was granted bail on 5th December 2007 ("2007 Bail") and has been on bail since then with a number of variations to the bail conditions having being made in August 2008, October 2009 and March 2011.
   
3. Condition 2 of the 2007 Bail requires the applicant to report to Central Police station, Honiara, every Monday and Friday of each week and condition 3 requires the applicant to reside with his cousin, Francis Taalo, at Vavaya Ridge.
   
4. In his affidavit filed on 17/05/11, the applicant says that he needs to re-locate somewhere as Mr. Taalo has already sold his house. He further says that he has secured alternative accommodation with his brother-in-law, Mr. Into Belo, at Green Valley, Honiara.
   
5. He now applies for an order that orders 2 and 3 of the 2007 Bail be varied to allow him reside with Mr. Belo at Green Valley and to report to the Borderline Police post (which is very close to Green Valley) instead of the Central Police station as required by the 2007 Bail.
   
6. There is no dispute that the applicant has been complying with the conditions of his 2007 Bail. Because of this, the prosecution does not wish to oppose this application.
   
7. I am satisfied that the applicant has been complying with the 2007 Bail conditions and appears to be a trust worthy person. I therefore grant the application and make the following orders:-
   

[1] that order 2 of the 2007 Bail is vacated and the following new order 2 made in its place:

"2. The accused to report to the Borderline Police Post on each and every Monday and Friday each week between 6am and 6pm."

[2] that order 3 of the 2007 Bail is vacated and the following new order 3 made in its place:

"3. The accused is to reside with his brother-in-law, Mr. Into Belo, at Green Valley, Honiara."

[3] for the avoidance of doubt, conditions 1, 4 and 5 of the 2007 Bail shall remain in force.

THE COURT

______________________
James Apaniai
Puisne Judge