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Gae v Regina [2016] SBHC 20; HCSI-CRC 393 of 2015 (24 February 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
KOUHOTA, PJ:

CRC No. 393 of 2015

FREDRICK GAE

V

REGINA

Date of Hearing: 24 February 2016
Date of Ruling: 24 February 2016

Mrs. S. Karani. S for the applicant/Accused
Ms Margaret Suifasia for the Respondent/Crown

RULING

KOUHOTA, P J:

1. This is an application by the accused, Fredrick Gae. The accused Fredrick Gae was charged with 1 count of Intimidation Contrary to Section 231 (1) of the Penal Code and two counts of Rape under Section 136 and 137 of the Penal Code. He was arrested on the 11th of October, 2014 and has been in custody since then.
2. He was committed to stand trial at the High Court for those charges on 24th April, 2015 by the Magistrates Court after a short form preliminary inquiry.
   
3. The grounds and affidavits in support of the accused's applications were filed in the High Court on 3rd of February, 2016. At the hearing this morning, Counsel representing the Director of Public Prosecution (DPP) raised no objection to the application but submits that strict bail conditions should be attached if the accused is released on bail. The authorities on granting of bail are well settled in this jurisdiction and are referred to by Counsels in their written submission.
   
4. I had considered the submissions of Counsels for the applicant and the affidavits in support of the application and having considered that the Prosecution had no objection to the application, I am satisfied there are no grounds on which the Court should not exercise its discretion to grant bail to the accused. The application is granted and the accused is released on bail on the following conditions:
   
   1. That the accused to reside with his brother, Jimmy Bosa at Kapinaughu Village, Guadalcanal.
   2. Not to change residence without leave of the Court.
   3. To report to Tetere Police Station twice a week on Mondays and Fridays between the hours of 8.00 am and 4.00 pm.
   4. Not leave Guadalcanal Province without leave of the Court.
   5. Not to interfere with the victim and other prosecution witnesses.
   6. Not to commit any further offence while on bail.
   7. To pay a cash bail of $2,000.00.
      
5. Accused to be released from custody on payment of the cash bail of $2,000.00 ordered in Condition 7 above.
   

THE COURT

EMANUEL KOUHOTA
PUISNE JUDGE