Regina v Billy [2012] SBHC 11; HCSI-CRC 478 of 2011 (13 February 2012)

HIGH COURT OF SOLOMON ISLANDS
(PALMER CJ.)

Criminal Case Number 478 of 2011

REGINA

-V-

GABRIEL WESLEY BILLY

HEARING: 01 FEBRUARY 2012
RULING: 13 FEBRUARY 2012

M. Pitakaka for the Applicant
F. Joel for the Crown

Palmer CJ.

The applicant, Gabriel Wesley Billy ("Billy"), is charged with the offence of rape, alleged to have been committed on or about the early hours of 10th August 2011 at the police shooting range at Tenaru. He was arrested on the 25th August 2011 and has been remanded in custody since.

He applies for bail on the following grounds:

1. That a surety has agreed to secure his attendance in court on the day required;
2. That he has agreed to abide by any bail conditions;
3. The anticipated delay in the listing of his case due to a heavy list of criminal trials listed right up to the end of the year and therefore the uncertainty of any dates to be fixed for his trial for sometime.
   

Prosecution on the other hand oppose bail on the following grounds:

1. Risk of interference with witnesses;
2. Seriousness of the alleged offence;
3. Strength of the Prosecution case;
4. Risk of administration to justice; and
5. Family ties.
   

I have carefully considered the grounds sought to be relied on this case for bail, in particular I take note of the following facts relied in support. I note that his father in law had offered to act as surety for him to ensure his attendance in court.

The victim of the alleged rape charge is the daughter of the applicant from his first marriage. Their family separated during the ethnic tension and the applicant has remarried. At the time of commission of the offence he was residing with his new wife. The victim is the third born child from his first marriage; there were five children from that union.

Secondly, I take note of the delay factor anticipated in this case in view of the heavy listing of criminal trials already listed for this year. This may have some bearing as to the likelihood of bail in that an accused must be able to have his case tried within a reasonable time.

These factors however must be balanced against the opposing factors raised by prosecution. I have carefully considered the matters raised by prosecution, which are not only relevant but interlinked with each other.

The offence of rape with which the accused has been charged with is classified as a serious offence carrying a maximum sentence of life imprisonment. If convicted he is likely to serve a lengthy period in prison. Further, I accept the submission of prosecution at this particular point of time that the prosecution case at its highest, is quite strong. The evidence alone of the victim in the peculiar circumstances of this case, the unlikelihood of a daughter laying a complaint of rape against her own father, the supporting evidence in particular of the events prior to the time of the alleged offence was committed and the evidence of recent complaint from the aunty and grandmother of the victim, raise the stakes and risks of interference high to more likely than not in the circumstances of this case.

In addition, the material submitted, regarding a reconciliation ceremony between relatives of the parties reinforce the strength of Prosecution's case. Of significance however, is the pressure sought to be applied from the relatives and parties involved in the reconciliation for the complainants, the aunty and grandmother of the victim, who were present at that ceremony, to have the matter withdrawn from the Police, as being most inappropriate, in view of the seriousness of the offence.

When all these factors are considered in their totality, there is real possibility of risk of interference to the administration of justice and witnesses and it would not be proper in the circumstances of this case to grant bail. In so doing I bear in mind the rights of the accused to a fair hearing within a reasonable time, which I am not satisfied have been breached or likely to breached in the circumstances of this case. In any event, the period spent in custody will go towards his ultimate sentence, if convicted.

Orders of the Court:

- Application for bail is denied.

The Court.