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Regina v Iroga [2010] SBHC 42; HCSI-CRC 164 of 2009 (23 July 2010)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, J.)
Criminal Jurisdiction

Criminal Case No. 164 of 2009

REGINA

V

KELLY IROGA

Date of Hearing: 23 July 2010
Date of Ruling: 23 July 2010

Mr. Barry and Ms Taeburi for the Crown
Ms McSpeeden and Mr. Ghemu for the Accused

RULING ON APPLICATION FOR BAIL

Mwanesalua, J: The accused, Kelly Iroga, has been charged with one count of attempted murder and one count of robbery, contrary to sections 215 and 293 (1) (b) of the Panel Code. He has also been charged with one count of causing grievous harm, contrary to section 224 (a) of the Penal Code, as an alternative charge to the attempted murder charge.

The accused allegedly committed the offences at the Lunga Bridge in the Guadalcanal Province on 28 November 2008. He was committed for trial in the High Court on 1 April 2009 after a short preliminary enquiry at the Central Magistrates' Court. An information containing a single count of attempted murder against him was filed at the High Court on 25 April 2009. That information was replaced with a fresh information, filed on 20 July 2010, containing the current charges against the accused.

The case was set to begin on 22 July 2010. That did not occur because the prosecution could not serve witness summons on two of their material witnesses. The current locations of the witnesses are not known. In view of that difficulty the prosecution now makes an application to adjourn the trial to a date to be determined by the listing committee.

The accused now seeks bail pending his trial at a date to be set. It seems that he has been in custody since he was arrested. This is obvious from submission from his counsel. His counsel told the court that the accused would comply with reporting conditions. He would live with her mother at Burns Creek in Honiara.

The prosecution opposed this bail application on the basis that the charges laid against the accused are serious. It is true that the charges are serious, but the accused is still innocent until proved guilty. The prosecution have been given time to begin their evidence but have not done so. The prosecution had adequate time to summon their witnesses. The accused has been remanded in custody for 19 months.

There are two applications before this court. The court will grant the prosecution's application to adjourn the trial to a date to be fixed by the listing committee. On the other hand, the court will grant bail to the accused on the following conditions pending his trial.

These conditions are as follows:

1. Not to be released from custody at the Rove Prison until his mother, Joylinn Iroga, has signed as surety for him in the sum of $2,000.00 at the High Court.
   
2. Reside with his mother, Joylinn Iroga, at Burns Creek until trial begins and completed.
   
3. Not to speak directly and indirectly to crown witnesses.
   
4. Not to interfere directly or indirectly with crown witnesses.
   
5. Not to leave Honiara until the trial is completed.
   
6. Not to re-offend from the time of his release on bail until his trial is completed.
   
7. To report to Kukum Police Station every Friday between the hours of 8am and 4pm until the trial of his case is completed.
   

THE COURT