The bail review application of one of two policemen arrested last month for the alleged involvement in the importation and possession of 4.7 kilograms of liquid methamphetamine has been dismissed.
Magistrate Charles Ratakele turned down Ratu Lote Lewaivanua’s bail review application last week after he found no significant change that warranted consideration.
Mr Lewaivanua, 31, is charged alongside Sevuloni Lubi, 43.
He was also allegedly found to be in possession of $650, suspected to be proceeds of crime, on September 12. He filed the bail review application after being initially denied bail on September 15, with prosecutor Unal Lal maintaining the State’s objections to bail.
He argued bail should be granted based on a new circumstance — namely, that he had retained a new lawyer. He further submitted the conditions at the remand centre were abhorrent, citing overcrowding, poor living conditions, alleged torture, and inadequate meals.
He also complained that no hearing date or pre-trial conference had been set, relying on the Justin Ho case in support of his arguments.
In his ruling, Mr Ratakele noted that his counsel failed to cite any legal precedent to support the assertion that merely retaining new counsel constituted a valid change in circumstances sufficient to overturn a prior bail refusal.
“This position is also unfair to unrepresented or less affluent applicants,” he ruled.
“The court, therefore, finds that this is not a valid change in circumstance.”
He acknowledged that overcrowding at the remand facility was a matter of public knowledge.
However, he said addressing such conditions was an executive responsibility, which should be remedied by increasing facility capacity.
“This situation does not free the court from its duty to refuse bail in serious cases. In a case involving substantial drug charges, remand remains a visible option.
“Should the applicant believe that his rights are being infringed, then the proper forum for this issue is the High Court.”
Mr Ratakele said that there remained a right to appeal or seek a review of the decision.
The bail application for co-accused Mr Lubi will be heard on November 5.
