Ryan v Bhardwaj (Reasons) [1999] WSSC 26 (13 December 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

PAPALII JOHN RYAN,
General Manager, Ports Authority
Informant

AND:

ARUN BHARDWAJ &
MOBIL SHIPPING AND TRANSPORTATION
Defendants

Hearing Date: 13 December 1999

Counsel: Ms L. Tuala for the Informant
Mrs R. Drake for the Defendants

REASONS FOR DECISION REGARDING FORFEITURE OF BAIL BOND
BY WILSON J.

A question has arisen as to the bail bond and the order/s which should be made in relation thereto.

An agreement was reached between the Informant and the Defendants, by their respective counsel, on the 14 August 1999. Important terms of that agreement included the following:

1. That the vessel MT Saucon would, after being "brought to Apia Harbour for mooring to allow the Informant and his agents to undertake their investigations", be free to "depart by 1800 hours on Saturday 14 August 1999."
   
2. That, "should the first defendant .... not return as required" .... "to appear at the hearing of the prosecution," then "the bail bond shall be immediately forfeit (sic) to the Informant."
   

A bail bond, which was payable by the Defendants into Court, was set at $62,500.00 and placed on deposit in an interest-bearing account with a local trading bank.

What I have described as term No. 1 was complied with, and the vessel, together with the first Defendant and all crew members, departed Samoan waters, and, as far as the Court is aware, has not returned since.

As far as the first Defendant was concerned, he was required to appear in this Court "for the hearing of the prosecution" on 3 November 1999, but he failed to appear.

Therefore, in accordance with the spirit and intent of the agreement and there being no good reason why this court should, in the interests of justice, do otherwise, it is ordered that the said bail bond be (and is hereby) immediately forfeited to the Informant, and, to that intent, it is further ordered that the amount deposited, together with interest thereon, be paid by the local trading bank, with which the sum of $62,500.00 was deposited, to the Informant whose receipt with his signature thereon shall be sufficient acknowledgment of such payment.

JUSTICE WILSON