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State v Kean [2007] FJHC 34; HAM 002.2007 (19 April 2007)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAM 002 OF 2007

BETWEEN:

FRANCIS BULEWA KEAN
Applicant

AND:

THE STATE
Respondent

Counsel: Mr. W. Kuruisaqila – for the State
Mr. M. Raza – for the Accused

Date of Hearing & Bail Variation: 19th April, 2007

BAIL VARIATION

[1] This is an application to vary the terms of bail.

[2] On the 19th of January 2007 the applicant was charged with a single count of murder. A bail application was made that same day before the Magistrates Court and refused. That application was then re-advanced before me on the 25th of January. I delivered a ruling that same day and granted conditional bail. I did so on the basis of the plaintiff’s undertaking that he would abide by strict conditions.

[3] The case is now before me and I have set a trial date for one month commencing on the 29th of October 2007.

[4] The variation application seeks:

- First that the applicant be allowed to enter any military establishment without being escorted by two sureties.

- Secondly that the condition pertaining to the curfew hours be lifted.

- And thirdly that the reporting condition be varied to once a fortnight instead of twice a week.

[5] I shall deal with each matter in turn.

[6] Concerning visits to military establishments. In my earlier bail ruling I was careful to note the applicant’s undertaking to abide by strict conditions concerning his segregation and complete ban from interaction with any known state witness on any issue touching these allegations and in that respect he is under a condition that he remain segregated from any known state witness and remain on leave from his position as a Commander in the Navy until further order of the court and would if necessary disobey any order requiring him to attend to his command or issue any instruction or command directly or indirectly to any known state witness.

[7] That stringent condition was imposed to ensure that he was completely removed from any influence within the Military or Military Establishment as it is alleged that this act of murder occurred during the course of a wedding involving certain military personnel.

[8] The applicant asks for variation primarily it appears to enable him to visit medical parades or take his family with him to visit medical parades at the naval base. In paragraph 5 of his affidavit in support he says he is facing great difficulties in that regard as he finds it difficult to arrange for his two sureties to accompany him on those occasions.

[9] I cannot understand that difficulty because he is not required to have two sureties accompanying him when he visits any military or naval establishment. He is only required to have one surety with him and accordingly I am not minded to vary that condition of bail at all.

[10] Secondly relating to curfew hours it appears that since these events the applicant has had a road to Damascus type conversion to Christianity. His new found love of that religion has some zeal. That is a good thing in his life. He wants the curfew removed entirely to enable him to attend various prayer meetings and other religious observances described in a letter from his Pastor attached to the affidavit.

[11] The purpose of the curfew was to corral the applicant into a known address during the evenings but also to protect him and provide some safety for him. I am prepared, however, to vary the curfew on two days of the week.

[12] I see that on Sundays there is a Thanksgiving Service between 5.00pm and 9.30pm and on Wednesdays there is prayer meeting. Accordingly the application is granted in part by varying the curfew on Sundays and Wednesdays when the curfew will be imposed from 10.30pm until 7.00am the following morning. Otherwise the curfew will remain as it is.

[13] Lastly the applicant applies to vary his reporting conditions. He requests that the reporting be reduced to once a fortnight instead of twice a week. I am not prepared to vary the reporting conditions to that extent but I note the State’s concession that bearing in mind the trial is several months away the reporting condition might be reduced to once a week. And accordingly that condition is varied.

[14] Mr. Kean you are now going to be required to report to the Police Station once only a week on a Wednesday sometime between 6.00am and 6.00pm.

[15] Accordingly the application is granted only in part. You will be required to sign a fresh Bail Bond before you leave the court today. I remind you that bail is a privilege and that any breach of these conditions will see you back before the court.

Gerard Winter
JUDGE

At Suva
Thursday 19th April, 2007

Solicitors
Office of the Director of Public Prosecutions, Suva – for the State
Messrs M. Raza & Associates, Suva – for the Applicant