IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 095 OF 2008

THE STATE

v.

ISIMELI TELA

Hearing: 23rd June 2008
Ruling: 24th June 2008

Counsel: Ms S. Puamau for the State
Accused in person

RULING

The Applicant makes his first application for bail. He was charged with one count of robbery with violence and one count of unlawful use of motor vehicle. The date of the alleged offence is the 1st of June 2008. The alleged victim is a taxi driver and the charge was laid on the 5th of June 2008. He has now been in custody for just over a fortnight.

He applies for bail saying that his wife is unemployed and unable to look after their four children. He is a farmer by profession but occasionally works as a casual labourer at the cement factory. Information has not been filed and his trial is not likely to be heard until March 2009.

State counsel objects to bail on the grounds that the offences are serious, they have strong evidence against the Applicant on the basis of identification evidence, that the Applicant is a flight risk and has many previous convictions.

The Applicant has a right to bail. However, this right is rebutted where the State points to grounds which show that the Applicant is unlikely to appear in court when required to do so. What is of concern in this case is that the Applicant has four previous convictions for offences of violence. Further on the 11th of December 2006, he was given a suspended sentence of 9 months imprisonment (suspended for 3 years). On the 4th of July 2007, he was convicted of damaging property and he is now alleged to have re-offended again during the operational period of the suspended sentence.

In these circumstances I consider him to be flight risk. For this reasons, bail is refused.

Nazhat Shameem
JUDGE

At Suva
24th June 2008