Kaipua v Regina [2016] SBHC 79; HCSI-CRC 295 of 2013 (1 June 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Criminal Jurisdiction

IN THE MATTER of application for leave to appeal the
decision in Criminal Case No. 295 of 2013

BETWEEN:

ALLEN KAIPUA – Applicant

AND:

REGINA- Respondent

Date of Hearing : 20 May 2016
Date of Ruling : 1 June 2016

RULING ON BAIL APPLICATION

Mwanesalua DCJ: The applicant, Allen Kaipua, was convicted of one count of murder and was sentenced for life imprisonment on 11 November 2014. He lodged an appeal against his conviction to the Court of Appeal. The court allowed his appeal and ordered that his case be re-tried by the High Court. He now filed this application for release on bail pending the retrial.

The Crown opposed the Application on the ground that the Applicant may interfere with the witnesses who are both related to him and share the same ethnicity with him; that the relatives of the victim may to take vengeance against the Applicant and that he may interfere with the witnesses. It will therefore be appropriate in the circumstances to refuse this application.

But the Applicant says that if he is granted bail, he will live with his relative in Honiara who is a prominent citizen. He is referring to the current speaker of the National Parliament Honourable Speaker, Mr. Ajilon Nasiu. Mr. Nasiu confirmed that he is willing to be a surety for the Applicant. Further, he undertakes to provide accommodation to the Applicant at his residence, at Vavaya Ridge, in Honiara, whilst the Applicant is released on bail until the retrial on the Applicant’s case is completed by the High Court.

If this bail Application is granted the following things will take place: the Applicant will be released from the custody of the officers of the law into the custody of the surety; the surety undertakes to produce the Applicant at court at times set to answer the charge laid against him; if the surety fails to comply with these conditions he will be liable for the forfeiture of the sum specified when bail is granted.

While considering this application the court bear in mind that the Applicant is charged with a very serious offence; the severity of the punishment upon conviction; the need to prepare his defence; the likely hood of absconding; the delay of the retrial and the potential of interference with witnesses for crown.

This case is yet to be listed for retrial. That is for counsels and the office of the Registrar to consider and set down. But for the meantime the court will grant bail to the Applicant.

I grant bail to the Applicant on the following conditions:

1. The applicant to stay with his relative Mr. Ajilon Nasiu, at Vavaya Ridge at Honiara and not leave that place without an order of the court.
   
2. The applicant must not communicate in any manner whatsoever, whether directly or indirectly, with any of the crown witnesses.
3. The applicant must report to Honiara Police Station between 8am and 4pm each Monday and Friday of every week until trial.
   
4. The applicant shall remain at Mr. Ajilon Nasiu’s residence at Vavaya Ridge in Honiara and not leave the said residence without the order of the court, between 6pm and 6am every day of the week.
   
5. Mr. Ajilon Nasiu, the surety, must pay into court the sum of $2,000.00 as soon as possible as security for the attendance of the applicant at future hearings of the case.
   
6. The applicant shall not be released until Mr. Ajilon Naisu has paid the said sum of $2,000.00 into court.
   

THE COURT