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State v Tukai [2009] FJHC 63; HAC015D.2008 (5 March 2009)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 015/2008

STATE

V

PENI TUKAI

NACANIELI BULIVOU

Hearing: 5th March 2009
Ruling: 5th March 2009

Counsel: Both Accused in person
Ms H. Tabete for State

BAIL RULING

[1] Both accused persons, were on bail in this case pending trial. On the 27th of February, Goundar J revoked bail for the 1st Accused because he did not appear in court. The 2nd Accused was in custody and appeared on production order today. The State asks for the bail of both Accused to be revoked on the ground that they have been charged with another offence whilst on bail in this case.

[2] The information alleges that on the 7th of July 2007 the two Accused robbed the MH’s Supermarket of $21,583.73 cash and threatened to use personal violence on the cashiers and supermarkets. The Information is dated the 11th of July 2008.

[3] On the 9th of February 2009, Peni Tukai (the 1st Accused) was charged in the Nasinu Magistrates’ Court with office breaking entering and larceny at the Hanson’s Supermarket. He is alleged to have stolen items and cash to the total value of $127,787.56. The 2nd Accused was charged with the same offence on the same day, on the 26th of January 2009. Of course both are presumed to be innocent until proven guilty on all charges.

[4] Nevertheless they now face more then one trial before the courts and the alleged offences are serious. If found guilty, they will face sentences of imprisonment.

[5] It is clearly not in the public interest to release either Accused on bail. Bail is revoked. They must remain in remand until the matter is called before Goundar J on the 26th of March 2009 at 9.30am.

Nazhat Shameem
JUDGE

At Suva
5th March 2009