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State v Gauna [2008] FJHC 237; HAC141D.2008S (29 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 141 OF 2008

BETWEEN:

THE STATE

v.

VILIAME GAUNA

Mr. P. Bulamainaivalu for the State
In Person - Accused

RULING

The Applicant faces charges of robbery with violence, damaging property and unlawful use of motor vehicle. The alleged offences were committed on the 14th of June 2008. He has been in custody since that date. He now applies for bail, on the grounds that he is presumed innocent until proven guilty, that the prosecution case is not strong and that he needs to instruct counsel of his own choice.

The State opposes bail, pointing to the seriousness of the charges, the Applicant’s previous record and his other pending cases in other courts. In one of these, he is alleged to have been in possession of illicit drugs and his case is pending in the Lautoka High Court. State counsel accepts that there is no confession by the Applicant, but says that there is circumstantial evidence proving participation.

The Applicant has a right to bail, except where the presumption in favour of bail is rebutted by a record of absconding, or where the prosecution has shown the court that the Applicant is a flight risk.

In this case, the Applicant has an unimpressive record of robbery with violence (2001), shop breaking (2001, 2004) and several counts of resisting arrest. In 2005 he was convicted of escaping from lawful custody. There is no doubt at all, that this record together with his pending cases, make the Applicant a flight risk. I would be failing in my duty to the public if I were to allow the Applicant bail in the circumstances. I accept that he is unlikely to be tried in the next eight months and will continue to review bail.

Bail is refused.

[Nazhat Shameem]
JUDGE

At Suva
29th September 2008