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Matei v State [2016] FJMC 69; Criminal Case 1890.2013 (7 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

CRIMINAL CASE NO: 1890/2013

BETWEEN : SAMUELA BABA MATEI

APPPLICANT

AND : THE STATE

RESPONDENT

The Applicant: In person

For the Respondent: PC Shaw

Date of Ruling : 07^th of July 2016

RULING ON BAIL

1. The applicant is charged with one count of Aggravated Robbery contrary to section 311(1) (a) of the Crimes Decree No. 44 of 2009.
2. He previously applied for bail and by ruling dated 23^rd June 2016 this Court refused his bail application.
3. Today he has filed a new bail application seeking bail. The applicable law is in the Bail Act (“Act”) which I intend to briefly consider before turning to this application.
4. Section 14 of the Act states that the accused person may make any number of bail applications to the court.
5. Part VIII of the Act deals with the review of the bail and section 30(2) states a court can review its own bail decision or another court decision.
6. But when reviewing or hearing a new bail application the court has to satisfy there are special facts or circumstances that justify a review or hearing the new application (section 30(7) of the Act). If the court is not satisfied ,the court can refuse to hear the application.
7. Now I consider the new bail application by the applicant. The applicant was talking mainly about the strength of the prosecution case which needs to be tested in the trial that will be conducted on 07^th October 2016. Also he said there is an undertaking by a surety for him to appear in the Court.
8. But when refusing bail previously, I considered about this issue about surety. I further considered even with a surety he failed to appear in the Court for 02 years and decided that there is highly likely he would do the same thing again. In my mind this has not been changed even now.
9. Therefore I find there are no special reasons to reconsider my previous bail ruling and dismiss this bail application.
10. 28 days to appeal

Shageeth Somaratne

Resident Magistrate