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Vakaruru v State [2017] FJCA 92; AAU0094.2014 (1 August 2017)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court of Fiji]

CRIMINAL APPEAL NO. AAU0094 of 2014
[High Court Case No. HAC12 of 2013]

BETWEEN:

SAMUELA VAKARURU
Appellant

AND:

THE STATE
Respondent

Coram: Hon. Mr. Justice Daniel Goundar

Counsel: Mr. M. Fesaitu for the Appellant
Ms. S. Puamau for the Respondent

Date of Hearing: 1 August 2017

Date of Ruling: 1 August 2017

RULING

[1] The appellant was convicted of manslaughter and sentenced to 12 years’ imprisonment by the High Court at Suva. On 12 August 2015, I granted the appellant leave to appeal against his conviction and sentence. The appeal hearing is pending.

[2] On 3 May 2017, the appellant filed a written application for bail pending appeal in person. On 1 August 2017, the appellant appeared with his counsel and sought leave to withdraw the application for bail pending appeal. The appellant informed the Court that he freely made the decision to abandon his application for bail after seeking legal advice.

[3] After hearing the appellant and his counsel, I am satisfied that the appellant had freely and competently made the decision to abandon his application for bail pending appeal.

[4] The application for bail pending appeal is dismissed.

The Hon. Mr. Justice Daniel Goundar

JUSTICE OF APPEAL

Solicitors:

Office of the Legal Aid Commission for the Appellant
Office of the Director of Public Prosecutions for the Respondent