Alleged wife rapist granted bail by court
A man charged with the alleged rape of his wife was granted bail at High Court in Suva yesterday.
The father of four had previously applied for bail twice.
They were both refused on the ground that he was in a domestic relationship with the complainant and there was a likelihood of interference with prosecution witnesses.
He is charged with three counts of rape and one count of assault causing actual bodily harm.
While delivering his bail ruling yesterday, Judge Justice Riyaz Hamza carefully considered whether there was a change in circumstances which were not presented by the accused in his previous applications.
He stated that the accused’s four children aged 13, 11, nine and three-years-old, were residing with his wife.
However, they were now being looked after by his sister-in-law who was having difficulty supporting them apart from her own five children.
Justice Hamza noted that the accused had been in remand since September 8, 2016 which made it a total of 14 months in custody and his trial had been scheduled to start on December 10, 2018 to December 14, 2018.
He cited the Bail Act of 2002 which stated that if a person charged for an offence had been in custody for over two years or more and the trial of the person had not begun, the Court must release the person on bail subject to bail conditions the Court thinks fit to impose.
The accused submitted in his application that if released he would seek employment to support his children.
The accused was also ordered not to interfere with prosecution witnesses and not to contact his wife.
He was also ordered to report to the Nausori Police Station every Saturday between 8am and 6pm.
The case has been adjourned to November 24 for mention.
Edited by Ranoba Baoa
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