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Oli v Regina [2016] SBHC 23; HCSI-CRC 535 of 2015 (25 February 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
KOUHOTA, PJ

CRC No. 535 of 2015

DOMINIC OLI

V

REGINA

Date of Hearing: 25 February 2016
Date of Ruling: 25 February 2016

Mr. Gray. G for the applicant/Accused
Ms Suifasia. M for Respondent/Crown

RULING ON AN APPLICATION FOR BAIL – ACCUSED

DOMINIC OLI

KOUHOTA J

1. This is an application for bail by Counsel on behalf of the applicant, Mr Dominic Oli. The accused was originally charged with the offence of Murder contrary to Section 200 of the Penal Code. The charge was later reduced to Manslaughter contrary to section 199 of the Penal Code. The accused was arrested on 7th December, 2014 and had been remanded in custody in Auki since then, a period of about 1 year and 2 months. He was committed to the High Court for trial for that offence by the Magistrates Court on 8th May, 2015. He now applies to this Court to be released on bail to await his trial.
2. The grounds and affidavits in support of the application were filed in Court on 16 of October, 2015. Bail is a right guaranteed under Section 5 of the Constitution and Section 106 of the Criminal Procedure Code and is a subject matter for the discretion of the Court. The authorities pertaining to bail and the test to be applied in considering to grant bail or not are well settled in Solomon Islands.
3. In Taisia v DPP Criminal Case No. 226 of 2001, his Lordship Kabui J states....
   1. "The test to be applied is whether or not it is probable that the accused will appear in Court on the trial date. The test is applied by considering factors such as the nature of the allegation against the accused, the nature of the evidence supporting the accusation, the seriousness of the penalty that may result upon conviction and the availability of sureties as the case may be".
      
4. I have considered the affidavits in support of the application and the submissions by counsels. The Court had been informed that there had been reconciliation between the families of the deceased and the applicant and that the applicant's father and wife are prepared to stand as sureties for the applicant and pay a cash bail of $2,000.00.
   
5. The Court was also informed that the applicant, if released on bail, will reside with his wife at Mbokona where they have a permanent residence. Having considered these facts, I am satisfied that the likelihood of the applicant absconding is very minimal. I therefore grant bail to the accused on the following conditions:
   
   1. That the applicant reside with his family at Mbokona and not leave Honiara without leave of the Court.
   2. To report to Central Police Station twice a week every Monday and Friday, between 8am and 4.30pm.
   3. Not to interfere with the prosecution witnesses.
   4. That he commit no further offence while out on bail.
   5. That the applicant or the Sureties pay into Court a cash bail of $2,000.00 before the applicant can be released.
      

THE COURT

EMANUEL KOUHOTA
PUISNE JUDGE