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Qio v State - Bail Ruling [2012] FJHC 1110; HAM65.2012 (11 May 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISCELLANEOUS CASE NO: HAM 65 OF 2012

BETWEEN:

TIMOCI QIO

AND:

STATE

Counsel : Applicant in person
Mr. T. Qalinauci for the Respondent

Date of Hearing : 10th May 2012
Date of Bail Ruling: 11th May 2012

BAIL RULING

1. The applicant above named submitted an application for bail.
   
2. The applicant submits following grounds for his bail:
   
   1. He is the sole bread winner;
      
   2. He is married with two children;
      
   100. His wife is finding it difficult to manage the family;
        
   4. Period in custody;
      
   5. As of right he should be released on bail;
      
   6. Remand centre is overcrowded.
      
3. State Counsel submits following factors and objects for granting bail:
   
   1. The co-accused person was still in remand and their bail application was refused on the grounds of public interest;
      
   2. There is sufficient evidence against the Accused to prove the charge against him;
      
   100. The stolen items belongs to Government institution such as Telecom Fiji Limited;
        
   4. The Accused is charged in the case whilst he was on a suspended sentence in another case;
      
   5. The Accused had admitted the offence at the caution interview.
      
4. I considered Section 3(1) of the Bail Act and it states as follows:
   

"Every accused person has a right to be released on bail unless it is not in the interests of justice that bail should be granted"

5. I am in total agreement with the Applicant that under Bail act bail is the rule and refusal is exception. But when we consider Section 3(1) of the bail act is had limitations.
   
6. Considering the decision made by Justice Shameem in Tak Sang Hoa v The State (2001) FJHC 15 and Justice Fatiaki in Adesh Singh & Others Miscellaneous Act No. 11 and 12 of 1988. I consider the following factors:
   
   1. The presumption of innocence;
      
   2. Whether the accused to appear to stand trial;
      
   100. Whether bail has been refused previously;
        
   4. The seriousness of the charges;
      
   5. The likelihood of the accused re-offending on bail;
   6. Any interference with prosecution witness;
      
   7. The acccused's character;
      
   8. The accussed's right to prepare his defence;
      
   9. The likelihood of further charges;
      
   10. The State's opposition to bail
       
7. Considering the nature of the offence, stealing of properties such as cables, steel plate covers of sewerages belongs to State and State institutions have become prevalent in our society today.
   
8. The government had passed a special Decree called "Scrap Metal Trade Decree 2011 (22 of 2011). This shows the prominence and importance given by the state to safeguard the Public Properties.
   
9. Considering both the application for bail and submission by the State I am of the view that the applicant falls within the ambit of Section 19 of the Bail Act.
   
10. Now I consider Section 19(1). Now I refer to Section 19 (1) of the Bail Act
    

19. (1) an accused person must be granted bail unless in the opinion of the police officer of the court, as the case may be-

2. The accused person is unlikely to surrender to custody an appeal in court to answer the charges laid;
   
3. The interests of the accused person will not be served through the granting of bail; or
   
4. Granting bail to the accused person would endanger the public interest or make the protection of the community more difficult.
   
11. Considering the nature of the offence, I agree with the State Prosecutor that the Applicant will be endangering the public interest set out in Section 19(1) (c) of the Bail Act. In Isimeli Wakaniyasi v The State (2010) FJHC 20; HAM 120/2009 (29th January 2010). His Lordship Justice Goundar states that:
    

"All three grounds need not to exist to justify refusal of bail. Existence of any one ground is sufficient to refuse bail".

12. Considering all, I am of the view that it is with public interest that the Applicant remains in remand pending trial.
    
13. Application for bail is refused.
    
14. You have 30 days to appeal to the Court of Appeal.
    

S. Thurairaja
Judge

At Lautoka
11th May 2012

Solicitors : Applicant in person
Office of the Director of Public Prosecution for Respondent