The court has on Monday refused a bail application made for a man facing charges of armed robbery and discharging of fire-arm in public.
One of the reasons for refusing the bail application was that the money stolen and fire-arm used in the alleged armed robbery was not yet recovered by police.
Sulimae Severio was initially charged with robbery for the alleged robber of the Automatic Teller Machine (ATM) at the Kwaimani building on the night of 25 July 2014.
The accused however whilst released on bail allegedly committed the offence of discharging fire-arm in public in April and armed robbery in August.
Police Prosecutor Alice Foanaota yesterday appeared in court without the file.
She told the court the file was with police in carriage of the investigation of this matter.
Police informed her that the file was kept in the officer’s personal cabinet who went on leave but was assured the file will be brought t to the prosecution once retrieved.
Mrs Foanaota objected the bail application made by the defence on grounds that the accused committed the offence whilst he was on bail for the first armed robbery charge.
She added, the new charges against the accused are serious which carries the maximum penalty of life imprisonment.
“There is a breach of trust seeing that the accused had allegedly re-offended and therefore there is a high risk of re-offending.”
Ben Alasia of Public Solicitor’s Office who represented Sulimae however asked the court to take note prosecution on the last occasion had also appeared without the file.
He said, it is the failure by prosecution and investigators to prosecute the matters.
“The applicant is in custody for over a month now.
“We have asked for disclosures but prosecution has not yet provided them.
“We submitted that it is the duty of the prosecution and the investigators to speed up the case.”
Mr Alasia also said it would be unfair for his client to be further remanded in custody.
Acting Deputy Chief Magistrate Shepherd Lapo while considering Severio’s right to bail, said Severio has been given his freedom but had violated and breached that freedom given by the court.
He said the court believes he will re-offend again because the fire-arm and the money were not recovered by the police.
Severio will appear in court again on December 28.
By ASSUMPTA BUCHANAN