IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISCELLANEOUS CASE NO: HAM 167 OF 2012

BETWEEN:

LEPANI RAIVAU KUBU

AND:

STATE

Counsel : Applicant – In Person
Mr. Sovau for the State 

Date of Hearing : 3rd October 2012
Date of Ruling : 4th October 2012

BAIL RULING

1	This is the 2nd application filed by the Applicant for bail.

2	The Applicant submits the following grounds for bail:

(a)	To support wife and children;
(b)	Not flight risk.

3	State Counsel objects for bail and submits following factors:

(a)	 The charge against the Applicant is Rape of his step daughter;
(b)	Public interest and the interest of the community.

4	Section 3 (1) of the Bail Act provides that every Accused has a right to be released on bail, unless it is not in the interest of justice that bail should be granted.

5	In this case the Applicant had mentioned his wife as his surety.

6	Considering Section 19 (1) ( c ) of the Bail Act it reads as follows:

"granting bail to the accused person would endanger the public interest or make the protection of the community more difficult."

7	In Tak Sang Hao vs State (2001) FJHC 15; Her Ladyship Justice N Shameem had referred to Adesh Singh & Others v State (1988) FJHC 8 and stated, that the following factors should be considered.

1	The presumption n of innocence;
2	Whether the accused to appear to stand trial;
3	Whether bail has been refused previously'
4	The seriousness of the charges;
5	The likelihood of the accused re-offending on bail;
6	Any interference with prosecution witnesses;
7	The accused's character;
8	The accused's right to prepare his defence;
9	The likelihood of further charges;
10	The State's opposition to bail.

8	The Applicant had submitted in his bail application that his wife is working and he is self employed as a carpenter.

9	Considering the nature of the offence, the application and all other circumstances I find this application falls within the ambit of Section 19 hence I refuse bail.

10	Application for bail is dismissed.

S. Thurairaja
Judge

At Lautoka
4th October 2012

Solicitors: Applicant appeared in person
The Office of the Director of Public Prosecution for State