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Ratu v State [2012] FJHC 1184; HAM086.2012 (28 June 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

MISCELLANEOUS CASE NO.: HAM 086 OF 2012

BETWEEN:

MAIKELI RATU
APPLICANT

AND:

STATE
RESPONDENT

Counsel: Ms. Koto for Applicant
Respondent In Person

Date of Ruling: 28th June 2012

RULING

1. Applicant Maikeli Ratu is charged with the offence of "Found In Possession of Illicit Drugs" contrary to section 5 (a) of the Illicit Drugs Act 2004. He applies for bail pending trial. State objects to bail being granted.
   
2. In terms of section 3(2) of the Bail Act No. 26 of 2002 there is a presumption in favour of granting of bail. A person who opposes the granting of bail may seek to rebut the presumption.
   
3. In terms of section 19(1) of the bail act, accused should not be refused bail unless the court is satisfied as to any one or more of the considerations set out in section 19(1) namely.
   

"An accused person must be granted bail unless in the opinion of the police officer or the court, as the case may be –

(a) the accused person is unlikely to surrender to custody and

appear in court to answer the charges laid;

(b) the interests of the accused person will not be served

through the granting of bail; or

(c) granting bail to the accused person would endanger the

public interest or make the protection of the community more difficult."

4. The applicant in this case has a previous conviction of a similar offence. However the previous conviction is more than 10 years old.
   
5. The likelihood of the applicant committing an arrestable offence while on bail is high.
   
6. The offence carries a maximum penalty of a fine not exceeding $1000000 or imprisonment for life or both if convicted. Therefore the likelihood of the accused not surrender to custody and appear in court to answer charges is very high.
   
7. Hence I find that the State has rebutted the presumption of granting of bail to the accused.
   
8. Application for bail is refused.
   

P Fernando
Judge