Regina v Ketei [2011] SBHC 92; HCSI-CRC 282 of 2011 (25 August 2011)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 282 of 2011

REGINA

V

STEVEN KETEI

HEARING: 19 AUGUST 2011
RULING: 25 AUGUST 2011

B. Ifuto'o for the Applicant/Accused
R. Iomea for the Respondent/Crown

Palmer CJ.

The applicant, Steven Ketei, is charged with the offence of murder, alleged to have been committed on or about the early hours of 13th February 2011 at Lunga, Honiara. He was arrested on 25th February 2011 and has been remanded in custody until the present time.

He applies for bail on the ground that he will be residing in Burns Creek, has a surety (his mother) to support his attendance in court and that delay in this case will mean that he will most likely not have his case listed for trial until sometime in the New Year in 2012.

Arguments against bail however in this particular case are compelling. Mr. Iomea pointed out that the applicant sought to evade police immediately after the incident by escaping to his home village at Ogou in East Kwaio. He could not be located at his usual residence at Lunga necessitating travel by Police to his home village where he was located and arrested. Mr. Iomea pointed out that extensive resources were expended in the initial investigation and to have him arrested and expressed concern that if released and he absconds that even greater expense and resources will be incurred.

He also pointed out that the Crown case is very strong. There is direct evidence of eye witnesses identifying the accused as the one who struck the fatal blow and supported by the medical report on the cause of death.

He also pointed out that the offence of murder carries a mandatory sentence of life imprisonment and if convicted he will spend a very long time in prison.

He also says that the offence was committed in the presence of some witnesses known to him as well as others who were with the accused but have not been sufficiently identified and charged and so the possibility of interference with crown witnesses cannot be ruled out if the accused is released on bail.

Counsel Iomea also pointed out that the accused was under a warrant of arrest for having absconded bail. He had been charged for a rape offence. Mr. Ifuto'o opined that he thought the warrant had been discharged for want of evidence. I take judicial notice of the fact that a file appears to have been opened in what is possibly a bail application by the accused together with six others at the High Court; the case file number appears to be CRC 5 of 2008. It is possible he may have been released on bail at that time and may have then absconded. In any event, he has separate outstanding charges against him for offences of rape, burglary and robbery alleged to have been committed on 1st October 2006. He was committed for trial to the High Court in respect of those charges on 26 April 2010. The case file number is CRC 155 of 2010 and is listed for directions/arraignment for 25 November 2011 at 9.30 am. Contrary to the submission of Counsel Ifuto'o therefore, the accused has separate charges of serious offences also outstanding. It is clear he had re-offended while on bail and committed a much more serious offence, that of murder.

The possibility therefore of a repetition of the offence or further offences in this case remains a real risk if released on bail. Having been charged previously with serious offences, he has not hesitated to commit an even more serious offence.

I accept submissions of Counsel Iomea that those factors raised in objection to bail, taken in their totality outweigh the assurances of a surety put up by his mother, a stable residence at Lunga and the issue of delay.

I am not satisfied exceptional circumstances have been shown which would warrant bail to be given in this particular instance. There is clearly an appreciable risk that the accused will abscond if released on bail and that in the circumstances of this case, bail should be denied.

Orders of the Court:

- Application for bail denied.

The Court.