Era v Regina [2014] SBHC 76; HCSI CRC 121 of 2014 (18 July 2014)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

CRC No. 121 of 2014

BONIFACE ERA

v

REGINA

Date of Hearing: 15 July 2014
Date of Ruling: 18 July 2014

Mr. Iomea for the Crown – ("Respondent")
Mr. H Kausimae for the Accused – ("Applicant")

RULING

MWANESALUA J: The Applicant was arrested on 21 August 2013. He was charged with murder on the same day and then remanded in custody.

On 10 March, 2014 he was committed by Magistrate Court, Central, for trial at the High Court. On 10 July, 2014 an information charging the Applicant with murder was filed by the Director of Public Prosecution at the High Court Registry.

The Applicant's case has so far been mentioned in court once on 30 May 2014. For the meantime, he had filed this application for bail while awaiting his trial. The application was filed under section 5 (3) of the Constitution and section 106 of the Criminal Procedure Code (Cap. 7).

The Respondent opposed the application on the grounds that: he would interfere with witnesses; the investigations are still in progress; other suspects are still to be arrested and bail would provide an opportunity for him to abscond.

The Applicant was arrested and detained for the alleged murder of Christian Peroa on 26 May 2013. The Applicant was charged and remanded in custody since 24 August 2013. There is no evidence before the Court on the extent of the investigations against the other suspects in this case. However, the Court is aware that a suspect was charged with murder but was discharged for want of prosecution. This Court considers that it would not be right to remand the Applicant in custody until all the other suspects have all been arrested, charged and indicted for a joint trial in some unknown date in the future. His case should be set for hearing at a date to be fixed.

The law on bail in this jurisdiction is clear. This Court has discretion on whether to grant or refuse bail to an accused who is remanded in custody.

The Applicant has a brother, Alberto Valele, working for Tropical Products Ltd in Honiara. He has a family and a house who is willing to be a surety for the accused. The Court will grant bail to the Applicant with conditions.

The Court will grant bail to the Applicant on the following conditions:

1. Cash Surety in the amount of $2,000.00
   
2. To reside in with his brother Mr. Albereto Valele at Ranadi between 6pm to 6am.
   
3. Report to Kukum Police Station each Friday between the hours of 8am to 4pm.
   
4. That he does not contact or attempt to contact direct or indirectly any witnesses for the Prosecution.
   
5. To attend court for mention on 15 August 2014 at 9.30am and other dates fixed by the court.
   

THE COURT