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Waqa v State [2013] FJMC 388; Criminal Case 714.2010 (29 October 2013)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA
CRIMINAL CASE NO: 714/2010

BETWEEN:

MIKAELE WAQA
APPLICANT

AND:

THE STATE
RESPONDENT

Applicant in person
Mr. Kumar for the Respondent
Date of Ruling : 29th October 2013

RULING ON BAIL

1. The applicant with two others are charged in this Court for one count of Aggravated Robbery contrary to section 311 (1) (a) of the Crimes Decree.
   
2. The applicant is in remand custody and filed his bail applications in this court on 09th October 2013 seeking bail on the ground that he is looking after his elderly parents.
   
3. The State was given time to file objection and on 23rd October 2013 informed that they objected to this application. The reason was that he was absconding from the court for a long time.
   
4. Section 03 of the Bail Act of 2002 provides that the accused person has a right to be released on bail unless it is not in the interest of justice that bail should be granted. The presumption of granting bail to a person could be rebutted by the party who oppose to it and in this case the State has to rebut that.
   
5. Section 17(2) of the Act stipulates that the primary consideration in granting bail is the accused person appearing in the Court to answer the charge.
   
6. Section 19(1) of the Bail Act outlines the reasons for refusing bail and they are as follows:-
   
   1. The accused person is unlikely to surrender to custody and appear in court to answer the charges laid;
      
   2. The interest of the accused person will not be served through the granting of bail; or
      
   100. Granting bail to the accused would endanger the public interest or make protection of the community more difficult
        
7. In Isimeli Wakaniyasi v State ( 2010),FJHC 20;HAM 120/2009 (29th January 2010), His Lordship Justice Gounder held that "All three grounds need not exist to justify refusal of bail, existence of any one grounds is sufficient to refuse bail".
   
8. I have considered the bail application and the objection submitted by the State. The applicant is charged with a serious offence. The State is relying on the confessions in this case against the applicant and others.
   
9. Also from the Court record I note that the applicant was granted bail by this Court on 07th February 2010. On 03rd September 2010 he failed to appear in the Court and bench warrant was issued against him. Again on 04th September 2012 he failed to appear in this case.
   
10. On 17th January 2013 again he failed to appear in the Court and new bench warrant was issued and he appeared only again on 16th July 2013.
    
11. With this history I am not satisfied that if granted bail the applicant would surrender to custody and appear in Court.
    
12. Therefore I refuse granting bail to the applicant.
    
13. 28 days to appeal
    

29th October 2013

H.S.P.Somaratne
Resident Magistrate