Joseph Malina is charged with one count of grievous harm for attacking his brother with a bush knife and causing him injuries early this year.
The alleged offence occurred at their home village around Tasimboko area, North East Guadalcanal.
Defence lawyer Martha Manaka in her application for bail submitted that her client thought the offence is not as serious as murder charges.
“Even accused facing murder charges were granted bails,” Ms Manaka said.
She said there are no prior histories of her client absconding bail and family members will make sure the accused turns up for his court hearings.
In terms of possible interference with witnesses, Ms Manaka said the prosecution did not disclose names of the witnesses the accused is likely to interfere with.
“The reason why the Prosecution wants the accused remanded is because he has other cases outstanding.”
But Ms Manaka said she sees no reason why the prosecution did not disclose the other cases.
“My client is the eldest son in his family and is entrusted to run the family businesses,” she said.
The surety (accused’s sister) was present in court with the accused’s wife and kid.
The prosecution however objected the application standing firmly on grounds of absconding, interference and the status of medical report.
Police prosecutor Ronnie Pisei said the alleged victim is still admitted at the National Referral Hospital.
“The accused has outstanding matters of damaging a police vehicle and unlawful wounding charge which he has been on the run for five months.”
Mr Pisei said investigations into the matter have not yet completed as there are some witness statements yet to be obtained.
Meanwhile, acting deputy Chief Magistrate Emma Garo said the medical report tendered to the court was not an actual medical report but a clinical note.
She said there are some medical terms noted by the doctor that the court can’t interpret.
“The court is satisfied that the wound sustained by the victim is serious,” she said when refusing bail.
“Why the Tetere police did not arrest the accused is not the court’s business to refuse bail for the accused.
“The court is also satisfied the accused will not abscond but is concerned of the interference since the witnesses are family members.
“The offence occurred in a domestic setting and the brother is still admitted at the hospital.”
The amount of money the surety has to offer, she said, should reflect the seriousness of the offence.
Ms Garo said the court was not satisfied with the $100 cash bail the surety has to offer and therefore bail was refused.
The matter was adjourned to August 9.
By ASSUMPTA PIVA
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