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Tikoisuva v The State [1996] FJHC 129; HAM0012.96s (11 July 1996)

IN THE HIGH COURT OF FIJI
(AT SUVA)
CRIMINAL JURISDICTION

MISCELLANEOUS APPLICATION NO. HAM 12 OF 1996

BETWEEN:

FILIMONE TIKOISUVA
APPLICANT

and

STATE
RESPONDENT

Applicant in Person

DECISION

This is an application for bail pending trial. On 14 December 1995 the Applicant was charged with the offence of murder. On 8 February 1996 he was committed by the Chief Magistrate to the High Court to stand trial. The depositions and other committal papers have yet to reach the High Court.

The Applicant urged me to grant him bail referring to the fact that he had spent almost 8 months in custody and that he had a young family which was suffering as a consequence of his detention.

Mrs. Olutimayin opposed the application referring to the serious nature of the charge which dictated that bail should not be granted save in the most exceptional circumstances. She advised me that there were no prospects of the charge being reduced. Although she conceded there had been cases where applicants who had served more than 12 months on remand had been granted bail this was not such a case.

Having heard both the applicant and the Respondent I am satisfied that I should not grant bail at this time.

The continuing delay in transmitting committal papers to the High Court has been the subject of much recent publicity and as has been frequently pointed out by this Court is quite intolerable. There is no acceptable excuse whatever for the delays which are occurring. I do not see any logic in arguing that it is reasonable to remand an accused person in custody for up to 12 months but for no longer. If the problem of delay in transmitting committal papers to the High Court cannot immediately and effectively be addressed and solved then this Court will begin to grant bail to persons who are facing long periods in custody on remand.

The application is refused but I will give liberty to the Applicant to renew his application on 16 August 1996 at 9.30 a.m.

If on that day the committal papers have still not reached the High Court Criminal Registry then in all likelihood the Applicant will be granted bail.

M.D. SCOTT
JUDGE

11 July 1996

HAM0012.96S