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Balim v The State [2000] PGNC 13; N1889 (15 June 2000)

Unreported National Court Decisions

N1889

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

MP NO. 253 OF 1999
IN THE MATTER OF BAIL APPLICATION PURSUANT TO SECTION 6 OF THE BAIL ACT
BETWEEN: GREG BALIM
APPLICANT
AND: THE STATE
RESPONDENT

Goroka

Kirriwom J
4 June 1999
9 June 1999

Counsel

Mr M. Karu for the Applicant

Ms R. Johnson for the State

9 June 1999

KIRRIWOM J: This applicant for bail under section 4 and section 6 of the Bail Act faces a charge of rape. It was alleged that on or about Sunday the 31st of January 1999 he tricked the victim to an isolated place in Yonki on the pretext of escorting her to her boyfriend and raped her. His bail was sought several days after his arrest and detention immediately after the alleged incident but I refused bail because committal proceedings had hardly begun and the chances of witnesses interference could not be ruled out. I intimated that I would hear the application after committal proceedings have been finalised. He has now returned to the Curt seeking bail once more because he has now been committed to stand trial and following pre-trial review, his case is now fixed for hearing in 12th, 13th and 14th of June 2000. This means a long wait before he actually appears and knows the ultimate result of his case.

Under section 6 of the Bail Act, bail application can be made at anytime. That was the provision under which the first application was made which I refused. This application is pursued now that the applicant is committed and his case will not be dealt with until 14 - 15 June, 2000. Under sections 7 & 8 of the Act, the Court has power to entertain this application.

The applicant had only recently been married and resides in Yonki with his sister. He has been a dependant on this family for over 15 years that the family has been in Yonki. He is originally from Batilo village, Karkar Island, Madang. He is unemployed . He admits to having sexual intercourse with the victim, who is now married, but denies that it was rape. He says sexual intercourse was consensual. The issue in the trial proper will be one of consent.

State does not vigorously oppose bail but submits that stringent conditions be imposed. Initially it was submitted that bail must be refused for the applicant’s own safety but the State failed to substantiate this so I do not give much weight to this submission.

From the number of affidavits filed in support of this application, it seems there are many good people who wish this accused to be released on bail. One of them is an elder of the Catholic Church at Yonki which the applicant is also a practising member and played guitar at their fellowship. It seems all these people were surprised by what befelled this applicant and they are all willing to help him in every way they can. The applicant may even be surprised with himself. There is no doubt that alcohol played a part in what happened. One of the fears that the Court must bear in mind that fears and shame can sometimes cause a person to abscond from the area to avoid facing the victim out of embarrassment and the many people he had let down by his behaviour. It would be far better to go away and forget the past in a completely new environment. This is human nature. I have considered these matters but I don’t think the applicant will be that foolish to attempt anything like that because he is married and that the long arms of the law will reach out and grab him wherever he tries to hide from his shame. And to reinforce his wisdom to remain where the Court places him until his trial is heard, stringent bail conditions are necessary.

It is therefore the decision of this Court that the applicant Greg Balim be released on bail but subject to the conditions explained hereunder:

1. ; A60licapt pays cash suretsurety of K300.

2. The two guarantors Alex Konombo and Kalisto Tanahan shall each pay K250 in support of their undertakingnsure the cant observes all his bail conns.3.&##160; Applicant saal shall hesidresidreside in e in YonkiYonki with with Jacinta and Clement Ravini and not leave Yonki or change residence without first obtaining permission from this Court.

4. ـ Aaplichat shall report to t to the Assistant Registrar in Goroka every second Wednesday between the hours of 8:00 am and 4:00 pm, in other words, fortny evednesdp>

6. ـ A60; Applicant shall not interfere with any witnesses of the State, potential or otherwise.

7. ; & Applicant shall not consuconsume alcohol or other intoxicating substanbstances or drugs whilst on bail.

The applicant re in cy untnditine and two have been fully complied with.

Lawyer for tfor the Sthe State: ate: PubliPublic Prosecutor

Lawyer for the Applicant: Patterson Lawyers