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Anisimai v The State [2004] FJHC 203; HAM0020D.2004S (17 May 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

MISCELLANOUS CASE NO: HAM0020 OF 2004S

Between:

MAKARIO ANISIMAI
Applicant

And:

THE STATE
Respondent

Hearing: 14th May 2004
Ruling: 17th May 2004

Counsel: Mr. T. Fa for Applicant
Mr. P. Bulamainaivalu for Respondent

RULING ON BAIL PENDING APPEAL

The Applicant has six appeals pending in the High Court. They will be heard on the 24th of May 2004. He is serving a total of 3 years imprisonment from August 2003. Although his appeals are 16 days out of time, he was unrepresented when he filed them and leave is hereby granted to enlarge time.

The Applicant applies for bail on the grounds that he has every prospect of success on his appeals, he has urgent family problems to deal with, and he is concerned about the security of his family.

The State opposes bail on the ground that the appeals are not obviously meritorious, the hearing date is already fixed and a substantial portion of his prison term is still left unserved.

Under section 17 of the Bail Act relevant considerations in a bail pending appeal application are the chances of the appeal succeeding, and the length of time that will have been served when the appeal is heard.

In this case I cannot say that the appeals are obviously meritorious. Further the appeals are based on the main ground of equivocality of plea which is not immediately apparent on the court record. Although the Applicant says that his counsel in the lower court left him undefended despite being paid a substantial sum of money, I would need supplementary affidavits to consider this as an additional ground of appeal. No affidavit has yet been filed by his former counsel on this issue, although I am told that one is forthcoming.

All parties are ready to have the appeals heard on May 24th and I am not satisfied that this is one of the exceptional cases justifying a grant of bail pending appeal. Bail is refused.

Nazhat Shameem
JUDGE

At Suva
17th May 2004