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Niumataiwalu v State [2010] FJHC 216; HAM105.2010 (29 June 2010)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION

MISCELLANEOUS CASE NO. HAM 105 OF 2010

KOLIWAINIDOVU NIUMATAIWALU

V

STATE

Counsels: Accused in Person
Ms. T. Leweni for the State

Hearing: 16th June, 2010
Ruling: 29th June, 2010

RULING ON BAIL

1. In High Court Criminal Case No. HAC 92 of 2010, the accused faced the following charge:

Statement of Offence

AGGRAVATED ROBBERY: contrary to section 311(1)(a) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

KOLINIWAINIDOVU NIUMATAIWALU on the 18th day of April, 2010, at Suva in the Central Division with others, stole a Blackberry mobile phone valued at $1,500.00, cash of $140.00, a shirt valued at $35.00 and a pair of shoes valued at $50.00 to the total value of $1,725.00 from ASIT SEN s/o JAGMAN

2. The matter first came before the High Court on 7th May 2010, and the accused has been in remand since then. A trial date has not been set, and it would probably be held next year. He now applies for bail. He said, he is a 1st offender. He is taking part in youth church activities. He said, he is presumed innocent until proven guilty. He said, he is willing to bring in his father as a surety.

3. The State opposes the bail application. They say, they have a strong case against the accused. They said, he confessed to the offence when caution interviewed by the police. The prosecution said, the offence is a serious one, carrying a maximum penalty of 20 years imprisonment. The prosecution said, the accused was 22 years old and unemployed.

4. I have carefully considered the parties opposing positions. The primary consideration is whether or not bail is granted, depends on whether or not the accused will turn up on the date arranged to take his trial: section 17(2) of the Bail Act 2002. The factors to be considered in deciding the above are outlined in section 19 of the Bail Act 2002.

5. After carefully considering the papers supplied by the parties, this court will test the accused by granting him bail on the following conditions:

(i) he is granted bail in the sum of $3,000;

(ii) he is to provide a surety, and

(iii) he is to fill in the standard High Court bail form, and comply with all the requirements required by my staff;

(iv) he is subjected to a curfew between 7am & 7pm, everyday of the week;

(v) he is not to consume liquor while on bail;

(vi) he is not to leave the country until this case is completed.

Any breach of the above conditions, he will be remanded in custody until trial date.

Salesi Temo
ACTING JUDGE

AT Suva
29th June, 2010