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Koroua v Regina [2011] SBHC 3; HCSI-CRC 492 of 2010 (9 February 2011)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 492 of 2010

BEN KOROUA

v

REGINA

Hearing : 8 February 2011
Ruling : 9 February 2011

R. Cavenagh and S. Kalu for Ben Koroau
R. Iomea for the Crown

RULING ON BAIL APPLICATION

Mwanesalaua J;

1. This is an application for bail filed on 3 December 2010. The applicant is Ben Koroau who was committed for trial to the High Court, but being remanded at the Rove Prison pending his trial.
   
2. The applicant is charged with one count of rape in an information filed on 22 December 2010. The offence was allegedly committed on 6 July 2007, at Sokupu, on Sikaiana Island, in the Malaita Province.
   
3. Counsel representing the crown did not oppose bail but was concerned that the applicant had a record of abscorning to Sikaiana when he was released on bail regarding this case at the magistrate court. His Counsel confirmed that record, but explained that the applicant did not understand the court process on that occasion, and that the applicant went home to see his mother who was seriously ill at that time.
   
4. The applicant says that he will live with his elder brother, Paul Texter Vakai and his family at Lord Howe Settlement, in Honiara, if he is released on bail.
   
5. Paul Texter Vakai supports this application and is willing to be a surety for the applicant by lodging cash deposit as surety and that he understands his responsibility as surety for the applicant.
   
6. The court will allow this application and grant bail to the applicant on strict conditions as set out in the bail document. Order accordingly.
   

THE COURT