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State v Cevakibau [2004] FJHC 443; HAC0025.2003L (2 August 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0025 OF 2003L

THE STATE

V

LUTU CEVAKIBAU

Ms. A. Driu for the State
Ms. J. Nair for the Accused

Date of Hearing & Ruling: 2 August 2004

EXTEMPORE RULING IN RESPECT TO A NOTICE OF MOTION
FOR REVOCATION OF BAIL

This matter comes before the court by way of Notice of Motion filed by State Counsel. That Notice of Motion seeks that the bail granted to the accused be revoked. In support of that notice of motion, the State relied upon the affidavit of Vaciseva Marama. That affidavit alleges that on 3 occasions, the accused has approached the deponent, his former wife. It also deposes that he has removed the child, Josaia Gukivuli, who is aged 1 year and 9 months from the mother’s care.

On the 4^th May 2004, this court granted the accused bail pending trial subject to certain conditions. The most relevant of those conditions was that the accused not interfere with any prosecution witness.

The deponent of the affidavit referred to above, is a prosecution witness and it would appear from the affidavit that the bail condition was first breached on the day that bail was granted.

Whilst the Bail Act prescribes a presumption in favour of granting bail, that presumption is rebuttable. In accordance with section 19 of the Bail Act, I take account that the matter is listed for trial on 11^th January 2005 and without referring to each of the provisions of section 19, I take account of those provisions.

The conduct of the accused whilst on bail for a very short period has been such that the public interest demands, that the bail previously granted be revoked.

You are remanded in custody to this court on the 2^nd September 2004.

JOHN CONNORS
JUDGE

AT LAUTOKA
2 AUGUST 2004