Posted by Hiuare on 26/4/2006, 3:37 pm Magistrate Boothman refused to grant bail to Dausabea on the basis that allowing him to go free would be too great in the present tinder box situation of Honiara. With regards to Nee, bail was refused due to the seriousness of the offence and safety of the public. Defence Counsels Despite the defence counsels assured both Magistrates that their clients were Ministers of the State, in particular Mr. Titiulu, who stated that his client must attend the government proceedings; the Magistrate totally ignored it. Onus of Proof The State has the onus to prove why bail should not be granted. The Missing Links I agree, the Magistrate have taken into account the gravity and seriousness of the offence and for the safety of the public. But without careful examinations of the merits of the evidence by way of affidavits submitted by the State, both Magistrates have stepped ahead and made bold conclusions to refuse bail. This leaves a lot of questions to ask against the accused right to be presumed innocent until proven guilty under the Constitution. Further, the Magistrate failed to exhaust other species of bail in order to ensure that the accused Constitutional rights were not suppressed. In any case, these 2 Ministers should be granted bail on the basis that they have a lawful duty to attend the parliament proceedings. The Magistrates should have granted a conditional bail which ought to reflect the seriousness of the offence and safety of the public. These conditions would perhaps include reporting to Central Police Station on certain times and having access to limited places, which include attending to Parliament sessions. The Magistrate or Defence counsels even failed to consider the option for the two accused to pay heavy cash bail. In a nutshell, a conditional bail or cash bail is appropriate in such circumstances so that it allows the two Ministers to attend to their lawful duties at the Parliament House. Appeal The lawyers representing the two Ministers must appeal against the Magistrates decisions.
202.151.26.175
Bails Refusal
A Conditional or Cash Bail
Hiuare.W.
Suva
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