Regina v Mwema [2018] SBHC 11; HCSI-CRC 87 of 2017 (8 January 2018)

REGINA

V

BARNABAS MWEMA

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, DCJ)

Criminal Case No. 87 OF 2017

Date of Hearing: 12 December 2017
Date of Ruling: 8^th January 2018

Ms. S.T.Karani for the Applicant
Mr. Kelesi for the Crown

RULING

Mwanesalua, DCJ.

This accused has been charged with one count of Murder, Contrary to Section 200 of the Penal Code. On 30^th March 2015 he has been arrested and remanded at Rove on 30^th March 2015.

The Magistrate Court is yet to conduct a preliminary enquiry on the case. He applies for bail pending the preliminary enquiry.

His surety is Mr. Sai Vohima, who lives at Titinge, at Upper Lengakiki, in Honiara. If this court grants him bail.

The Crown has opposed bail on the basis that murder is a serious offence. There is no doubt that his offence is serious.

However, the evidence against him is made up of circumstantial evidence. This evidence will be tested when the preliminary enquiry is held at the Magistrate Court on his case.

He has been in custody since 30^th March 2015. That is a very long time to wait for a preliminary enquiry. This court will therefore grant his application.

The court will grant him bail on the following conditions. His surety will be Mr. Sai Vohimia, of Titige, Upper Lengakiki, West Honiara. Mr. Sai Vohimia is to pay cash bail of $1,000.00 before he is released from remand at the Rove remand centre in Honiara. That while he is on bail, he must not interfere with prosecution witnesses and he must live with Mr. Sai Vohimia until his trial and the decision on his case is delivered by the Court.

Honourable Justice Francis Mwanesalua
Deputy Chief Justice