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Solodia v Regina [2007] SBHC 21; HCSI-CRC 147 of 2006 (2 May 2007)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No 147 of 2006

PHILIP SOLODIA

V

REGINA

(R. Faukona J)

Date of Hearing: 2nd May 2007
Date of Ruling: 2nd May 2007

Charles Ashley for the Appellant
Malaki Unagui for the Crown

RULING

(FAUKONA, J): This is a brief application on behalf of the applicant by Mr. Charles Ashley, for bail. The grounds for bail are that the applicant was sentenced for thirty months imprisonment for unlawful commercial gaming contrary to section 9 of the Gaming and Lotteries Act and three months for simple larceny contrary to section 201 (e) of the Penal Code for failure to pay his fine of one thousand five hundred dollars. Total imprisonment term is thirty three months. The sentence was imposed by the Magistrate Court, Central on 31st March 2006.

An appeal was filed against conviction and sentence on 13th April 2006. Since 31st March, 2006 the applicant had served little bit more than thirteen months in prison.

Mr. Charles Ashley advanced that since Magistrate Court transcripts are yet to be prepared and typed, it would appear that there would be great delay in hearing the appeal. By that time the applicant would have served full duration of sentence in prison. This would prejudice the applicant’s right for his appeal to be heard within reasonable time. Mr. Unagui for the Crown does not object to application for bail. He infact concur with Mr. Ashley submissions.

This is a clear case of failure by the Court administration. The presiding Magistrate who convicted and sentenced the applicant had left Solomon Island, after his employment expired at the end of April 2006. The appeal was lodged on 13th April 2006. The magistrates Court transcripts could have been given to the presiding Magistrate to check his own record. This was not done. After almost a year, the record eventually was found and it appeared that no one is able to read the handwriting of the presiding Magistrates. Attempt to locate him in Australia as to where he works, has failed, and the record is still not typed.

This is a case of failure by Court administrators to get the transcripts checked in time by the presiding Magistrate, after the appeal was filed. It would seem, that there is likelihood that the applicant would serve full imprisonment duration by the way things are moving, of course it would prejudice the right of the applicant for his appeal to be heard within reasonable time.

As the counsel for the Crown do not object to the bail application, and upon the ground for bail which appear to be reasonable, this Court therefore grant bail, and thus rule accordingly.

The conditions of bail are:-

1. Applicant to remain in Auki with his family.

2. Report to Auki Police Station every Mondays and Thursday between 9.00 am and 3.00 pm.

3. Bail in principal amount of $1,000.00.

4. Case adjourned to 1st August 2007 at 9.00 am for mention.

THE COURT