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R v Buia [2018] SBHC 86; HCSI-CRC 193 of 2018 (12 July 2018)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 193 of 2018

REGINA

v

PRUDENCE BUIA

Date of Judgment: 12 July 2018

Mr. Gary for the Applicant/Defendant
Ms. Suifa’asia for the Prosecution

REASONS FOR REFUSING BAIL

Introduction

Maina PJ: Accused Prudence Buia is remanded at Auki Correctional Services and authorised the Defence counsel to pursue this bail application in her absence. I heard the application and refused to grant a bail to the accused. Here are the reasons for refusing the bail.

Brief background is the accused is charged for the offence of Murder c/s 200 of the Penal Code and accused has been remanded in custody since 31^st March 2018 at Auki Correctional Service Facilities. A Preliminary Inquiry (PI) at the Magistrate Court was held and according to the Prosecution and the ruling on the Inquiry was due the week of the application.

An application for bail in the charge of murder can be made under Section 106 (3) of the Criminal Procedure Code (Ch. 7) which states:

“Notwithstanding anything contained in subsection (1), the High Court may in any case direct that any person be admitted to bail [...]’.

This provision in section 106 gives the court the power to grant bail as seen or explained in Redley Clement Sisifiu v R (Unreported Criminal Case No. 128 of 2003; 12 August 2003), R v Kong Ming Khoo [1991] SBHC Hc CRC 1991 (27 March 1991), R v Dickson Maeni Unreported Criminal Case No. 117 of 1999 and Karawasi Taisia v Director of Public Prosecutions) Unreported Criminal Case No. 266 of 2001. Any decision whether to grant bail is a matter within the discretion of the court. However, for the murder cases a need to show to the court that there are some exceptional circumstance justifying the grant of bail.

Palmer CJ in Ross Piu v R (Unreported Criminal Case No. 54 of 2004; 4 March 2004) stated at page 2:

“I have pointed out many times that the decision whether to grant bail is a matter within the discretion of the court. In determining that question court is required to consider whether the circumstances of the offence and offender require that an accused be remanded in custody. Onus is on prosecution to show that substantial grounds exist as to why bail should not be granted. In murder cases however, defence is required to point to some exceptional circumstance justifying the grant of bail”.

What is the exceptional circumstances justifying the grant of bail for this applicant?

Counsel for the Applicant by the written submission itemized the following as grounds for this case:

• Accused denied the allegation at the long form PI to determine if there is sufficient evidence for committal,
• She applies for bail to await her trail outside the custody,
• Seriousness of the offence should not be only the ground for refusing bail because of section 10 (2) (a) of the prosecution,
• Accused has no reason to interfere with the prosecution witnesses,
• Accused would not re-offend in the time of bail’
• Possibly of the trail,

Accused seek for conditions to reside at Kwaibala village, report at Auki Police Station, bail of $1,500.00 and his grandfather Peter Baru for surety.

Prosecution in reply stated the accused is charged with serious offence murder contrary to section 200 of the Penal Code and the sentence is life imprisonment. PI process for committal if there be prima facie is in due course. Prosecution in the submission stated the grounds for bail in murder cases should be on exceptional circumstance which the defence has not done so. The grounds stated by the defence to the court are not exceptional circumstance.

The law is clear that granting of the bail is discretionary of the court and for murder cases the defence is required to point to some exceptional circumstance justifying the grant of bail. For the Applicant’s grounds as stated by the defence in the bail application it is my view that they are not exceptional circumstances for the murder cases or justifying the grant of bail to the accused.

The application for the grant of bail therefore refused.

THE COURT
......................................................
Justice Leonard R Maina
Puisne Judge