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Saukelea v State [2014] FJMC 111; Criminal Case 181.2014 (25 June 2014)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA
CRIMINAL CASE NO: 181/2014

BETWEEN:

PENISONI SAUKELEA
APPPLICANT

AND:

STATE
RESPONDENT

The Applicant in person
Ms. Lodhia for the State

Date of Hearing : 25th June 2014
Date of Ruling : 25th June 2014

RULING ON BAIL

1. The applicant filed his third bail application seeking bail from this Court.
   
2. When this was taken up today the State objected to this application and stated that there were no changes of circumstances to grant bail.
   
3. I have already rejected his previous two bail applications on 15th May 2014 and 29th May 2014 . Therefore section 30 (7) of the Bail Act is applicable in this application.
   
4. Section 30(7) of the Act provides:
   

"A court which has power to review a bail determination, or to hear a fresh application under section 14(l), may, if not satisfied that there are special facts or circumstances that justify a review, or the making of afresh application, refuse to hear the review or application."

5. In his bail application the grounds canvassed by the applicant were that the State was relying on the confession and the Court should not consider his previous convictions (escaping from lawful custody and absconding bail ) .
   
6. As noted in my earlier ruling on 29th May 2014 again I find there are no new grounds in this application . These were already considered in earlier applications and therefore I find no merit in this application
   
7. Accordingly I dismiss this bail application.
   
8. 28 days to appeal
   

H.S.P. Somaratne
Resident Magistrate, Suva