Tonga v R [2024] TOSC 84; AM 14 of 2024 (25 October 2024)

BETWEEN:
SILIKA ‘ASA TONGA
-Appellant

AND:
REX
-Respondent

RULING

BEFORE: LORD CHIEF JUSTICE MALCOLM BISHOP KC

Appearances: Mr J Lutui – Director of Public Prosecutions for the Crown
Ms A Kafoa for the Defendant
Date: 25 October 2024

BACKGROUND

1. This is an appeal from a decision of Senior Magistrate Kaufusi whereby he refused a bail application by the Appellant.
2. The Appellant is charged with engaging with others to unlawfully import illicit drugs 2687.43 grams contrary to section4(1)(b) (iv) of the Illicit Drugs Control Act of illicit drugs.
3. The Appellant is reported to have been in custody since August. The reason being is when the bail application was made, there was evidence yet to be determined and substantial grounds that the Appellant may interfere if he was released on bail.
   

RELEVANT LEGISLATION

4. It is necessary first to consider the statutory framework in relation to bail which is stated Section 4 of the Bail Act provides the exceptions, entitlements and conditions to which an individual is granted or refused bail.
   

DISCUSSION

5. For the purposes of this appeal I find that the learned magistrate was entitled to hold that there were substantial grounds for refusing bail for the appellant given the circumstances before him at that time.
6. Counsel for the Appellant had previously submitted that there are no substantial grounds given that the only evidence remaining are in relation to two phone numbers which is on hold pending a report from their respective phone companies.
7. I must decide this case on the evidence that is apparent before me. The Director of Public Prosecutions has informed the Court that they do not oppose bail for the Appellant which aligns with the direction in which I was considering this appeal.
8. I find there are no current substantial grounds under the sections set out in the Bail Act to keep the Appellant in custody.
   

FINAL RESULT

9. I grant bail for the Appellant at the Magistrate Court under the following conditions:
   1. He must not commit any offence punishable by imprisonment
   2. He must reside solely at his current address
   100. He must surrender his passport forthwith his name to the Court.
   4. He must be added to the no-fly list
   5. He must report to the Central Police Station once a week during business hours every Friday.
10. On those conditions being complied with, bail is granted to the Appellant.
    

NUKU’ALOFA HON. MALCOLM BISHOP KC
25 October 2024 LORD CHIEF JUSTICE