Regina v Bennet [2011] SBHC 186; HCSI-CRC 367 of 2011 (7 October 2011)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 367 of 2011

REGINA -V- SUGAR RAY BENNET

Dates of Hearing: 21 September 2011
Date of Judgment: 7 October 2011

Mr Gemm for the Applicant
Ms Taeburi for the Respondent

RULING

Mwanesalua J:

1. This is an application for bail by Sugar Ray Bennet. He has been charged with murder which he allegedly committed at Munda on 14 April 2010. He was arrested on 28 April 2010 and has been in custody ever since that date.

2. A preliminary enquiry was held on his case on 5 August 2010 at the Magistrate's Court at Gizo and the case was committed for trial at the High Court. The case is not being listed for trial this year but it may be listed before June next year.

3. The Defence case is that Mr Bennet was in a drunken argument at a drinking establishment sometime after 9pm on 14 April 2010 when he punched the deceased to the chest area once or twice. As a result of that, the deceased fell to the ground and struck his head on a hard object on the ground. The deceased was taken to the hospital but died on 16 April 2010.

4. The witnesses who saw the argument between the Applicant and deceased described what they saw. Three witnesses say the accused punched the deceased on the chest. One witness saw the accused punched the deceased at the side of the deceased's chest. One witness saw the applicant using two hands to squeeze the deceased's neck and pushed him down with force. The witnesses saw the deceased fall and hit his head on a Telekom Cable check box, became unconscious, and was taken to Hospital.

5. The Medical Report of Dr. Longbutton on the deceased indicates that on 14 April 2010 he examined the deceased, Muke Zinikolo, was not able to communicate; saw no injuries other minor skin damage to his chin and two toes; At about 1.30pm on 16 April, 2010, the deceased's condition became worse and died at about 3.10pm, probably as a result of an intra-cranial bleeding. There was no autopsy conducted on the body of the deceased.

6. On this Medical Report, the prosecution may merely be able to prove manslaughter against the Applicant.

7. The accused has been in custody for about one year and five months. His trial may come on next year. The evidence against him might not support the murder charge laid against him.

8. The prosecution opposed bail. They say that the Applicant is charged with a serious offence, carrying a sentence of life imprisonment. They say that trial would probably be held in either April or May next year. They say that if the Applicant is released on bail he might interfere with prosecution witnesses.

9. The Court is of the view that there is low risk of flight, re-offending and interference with administration in this case. If the applicant is released on he would stay with relatives at Kolobangara where he would be far from the witnesses. This is a case where the court may exercise its discretion to grant bail to the applicant.

The Applicant is released on bail on the following conditions:

1. Helen Bennet is the Surety in the sum of $2,000.00.

2. To reside at Kolobangara at Manigisi Village with Lee Bennett.

3. To report at Ringi Police Station every Monday between hours of 8am and 4pm.

4. Not to contact prosecution witnesses directly or indirectly.

THE COURT