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Kotobavu v State [2014] FJMC 57; Criminal Case 2019.2013 (14 April 2014)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA
CRIMINAL CASE NO: 2019/2013

BETWEEN:

TUIMOLA KOTOBAVU
APPLICANT

AND:

STATE
RESPONDENT

Ms. Ratidra for the Applicant
PC Josua for the Respondent

Date of Hearing: 14th April 2014
Date of Ruling: 14th April 2014

RULING ON BAIL

1. The applicant is charged in this Court for one count of Aggravated Robbery contrary to section 311(1) (a) of the Crimes Decree No.44 of 2009 .
   
2. The applicant previously filed bail application and this Court refused that on 06/01/2014.
   
3. He has filed a new bail application through the Legal Aid on 14/03/2014 seeking bail on the following grounds.
   
   1. His partner is pregnant .
      
   2. There is no risk of absconding.
      
   100. The trial was vacated .
        
4. The State was given time to file the response and when this was called today informed the Court that they have no objection for bail.
   
5. Even though the Respondent has not objection to bail the Court has to be satisfied about granting bail to the Applicant .
   
6. As I have previously rejected his bail section 30 (7) of the Bail Act is applicable in this application.
   
7. Section 30(7) of the Act provides:
   

"A court which has power to review a bail determination, or to hear a fresh application under section 14(l), may, if not satisfied that there are special facts or circumstances that justify a review, or the making of afresh application, refuse to hear the review or application."

8. In State v Nausu [2009] FJHC 46; it was held that bail will be granted on review if there is change in circumstances.
   
9. I have considered this bail application. Even though in earlier bail application he did not mention about his wife being pregnant I have already considered His family conditions before I rejected his bail. The trial being vacated can't be considered as a ground also.
   
10. Also the accused produced a letter to show that he was a serving prisoner from 04/02/2011 -03/09/2011 to answer about his previous absconding bail offence. But he failed to appear in Court on 23/12/2010 well before his period in correction center.
    
11. Therefore I find that there is no change of circumstances that justify in reviewing my earlier decision and dismiss this bail application.
    
12. 28 days to appeal
    

H.S.P.Somaratne
Resident Magistrate, Suva