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State v Tawake [2008] FJHC 238; HAC164D.2008S (30 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 164 of 2008

STATE

v.

ASESELA TAWAKE

Hearing: 29th September 2008
Ruling: 30th September 2008

Counsel: Mr. J. Daurewa for State
Applicant in person

BAIL RULING

The Applicant was charged with robbery with violence in the Nasinu Magistrates’ Court. It is alleged that on the 18th of August 2008, he with others robbed the Rajendra Prasad Supermarket of cash and cheques to the total value of $70,000. Under caution he denied the allegations. However he was allegedly identified by Corporal Rokobuli, who was an eye witness, as the driver of the getaway vehicle.

The Applicant has been in custody since August 2008. He has one pending case (also for robbery with violence) in the Suva Magistrates’ Court, in relation to an incident in 2007. He asks for bail on the basis that he is presumed innocent until proven guilty, that he wishes to look after his two children (who are currently being cared for by his grandmother) and that his girlfriend is visiting Fiji from Sydney, Australia and he wishes to spend time with her.

The State opposes bail, pointing to the Applicant’s previous record, his pending case and the seriousness of the charge. Information is yet to be laid in the High Court.

The Applicant has a right to bail but that right can be rebutted where the court is satisfied that he is a flight risk. I am so satisfied in this case. The Applicant has previous convictions from 1993, and of these, two are for robbery with violence. In 2000 he gave a false name and address to a police officer. Further he has a pending case dating from 2007, and this current allegation arose whilst he was on bail awaiting trial for the 2007 case. These matters render him a flight risk. In the interests of the community, I must refuse bail. It will however be reviewed on a fortnightly basis, under the Bail Act.

Nazhat Shameem
JUDGE

At Suva
30th September 2008