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Confusion Over Bail Application

Confusion Over Bail Application
June 08
11:00 2018

Lawyers should think first before filing applications in court.

High Court judge Justice Thush­ara Rajasinghe made the comment yesterday while presiding over the review application submitted by lawyer Iqbal Khan on behalf of his client, Samuela Waqa, 55.

Waqa is charged with one count of possession of arms and ammu­nition without a licence.

He was allegedly found with 22 9-millimetre live ammunition at his Domain, Suva, home on March 7, 2018.

On the day of the alleged incident a Police operation team raided Waqa’s home and found the am­munition inside a purple Adidas bag, which was hanging on a wall.

Thirteen of the live ammunition were allegedly packed inside an empty BH10 cigarette packet and nine were wrapped inside a blue plastic bag.

He was produced at the Suva Magistrates Court on March 15, 2018 and was refused bail.

The bail decision of the Magis­trate Court was appealed by Mr Khan to the High Court by way of the review application.

However, Justice Rajasinge told defence lawyer Amani Bale, who appeared on instructions of Mr Khan, that he was confused as to what decision he was supposed to reach when the accused was al­ready on bail.

He said the relief sought in the application was for the accused to be released on bail. He asked what the circumstances were if he were to revoke the accused’s bail and re­mand him in custody.

The case will be called again to­day for further clarification on the issue. State lawyer Lavenia Bogi­tini appeared for the prosecution.

Edited by Epineri Vula

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