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State v Boila [2004] FJHC 245; HAC0031D.2004S (16 September 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 031 & 032 OF 2004S

STATE

v.

SENIJIELI BOILA
PITA NAINOKA

Hearing: 14th September 2004
Ruling: 16th September 2004

Counsel: Applicants in Person
Ms P. Madanavosa for State

BAIL RULING

The two Applicants make another application for bail. In the case of the 1st Applicant, he has made two previous applications, one of which was successful. In the case of the 2nd Applicant made two previous applications, both of which were refused.

The 1st Applicant has raised nothing new in his application, other than the fractured right forearm which he said was sustained when he was assaulted by police on 27th August 2004. His medical report, signed by Dr. Sitiveni Traill, Orthopaedic Registrar at the CWM Hospital on the 1st of September 2004 states that he has sustained a closed displaced midshaft fracture of the right radius and ulna. A report tendered by the State, dated the 27th of August 2004 shows that the Applicant told the doctor:

“Patient was in custody of police. He tried to run away so police officer tried to stop him and he was hitted by a block or iron rod.”

Whether or not the injury was caused by excessive use of force in arrest is not a matter for determination at this hearing.

Whatever the cause of the injury was, it is apparent that the Applicant is receiving treatment for his fracture whilst in prison and was due for surgery on the 8th of September 2004. I do not consider that the 1st Applicant has raised any new ground to justify the grant of bail. My reasons for refusal of bail in my ruling of the 16th of July 2004 are still valid. Bail is refused.

For the 2nd Applicant, I refused bail on the 16th of July on the ground that he escaped from police custody and he had a number of pending cases. He does not raise anything new in this application and the trial date is now fixed for the 29th of March 2005 and for Case No. HAC 31/2004, for the 11th of April 2005.

Bail is refused.

Nazhat Shameem
JUDGE

At Suva
16th September 2004