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Tawake v State [2008] FJHC 255; HAM111D.2008S (16 October 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Criminal Misc. Case No; HAM 111 of 2008

Between:

ASESELA TAWAKE
Applicant

And:

THE STATE
Respondent

Hearing: 16th October 2008
Ruling: 16th October 2008

Counsel: Mr. A. Vakaloloma for Applicant
Ms A. Tuiketei for State

BAIL RULING

The Applicant makes a fresh application for bail. Indeed bail was granted by Mataitoga J on the 9th of October 2008. However on the same day, it was drawn to his attention that there had been an outstanding bench warrant in relation to the Applicant in 2001, and that he had been at large for almost 4 years. Bail was then refused.

Counsel for the Applicant now asks me to revisit that decision. He filed an affidavit signed by the Applicant, which states that the only reason he was subject to a bench warrant in Case No. 1931/01 was because he had been in custody at the time. Later he appealed against the conviction and sentence imposed and the High Court (this court) quashed the conviction and ordered a retrial. That retrial is still pending.

The State does not dispute this explanation. However, counsel opposes bail on the ground that the Applicant has previous conviction, another pending case arising from events of February 2008 and is a flight risk.

I accept that the Applicant has 6 previous convictions. It was on that basis that I refused his first bail application. However, my brother Mataitoga J granted bail on 9th of October it appears on the basis that the Applicant has now been in custody since August 2008 and has produced a satisfactory surety.

Given the Applicant’s explanation for the 2001 bench warrant (which I accept) his Lordship’s earlier decision to grant bail must stand. Indeed a trial is now not likely to commence until October 2009 and a period of remand of over 12 months is not desirable.

I grant the Applicant bail on strict conditions which I shall now set.

Nazhat Shameem
JUDGE

At Suva
16th October 2008