This would be the second attempt made by the prosecution to revoke bail for Mostyn Maenu’u also known as ‘Puff’ who faces one count of discharge of a firearm in a public place.
Director of Public Prosecutions (DPP) Rachel Olutimayin yesterday said she received a letter from the Commissioner of Police informing her that Maenu’u had again offended and arrested by police in Henderson, East Honiara.
She said she had not seen the charges yet.
However, she said if she does sees the charges and confirmed the accused has re-offended she will apply for the revocation of the accused’s bail.
She said this was because the accused had breached his bail condition and abused the mercy the Crown and the Court given him in May.
“I haven’t seen the charges yet,” Olutimayin said.
“I called the Henderson Police this morning (yesterday) to brief me on the matter but they had not yet arrived at the time that I came to court this morning,” she added.
Olutimayin also told the court that said had asked the court to lift one of the accused’s bail condition on the last court date.
A curfew from 6 pm to 6 am every day has been imposed on the accused.
Olutimayin said she asked the curfew to be lifted because Maenu’u said that its the period of his business and he had not been working because the curfew has been imposed on him.
She said Maenu’u said he needed to work so that he could pay his legal fees and so it was on that basis that she agreed that the curfew is lifted.
She added that she asked the court to try the accused for two weeks and see how he complied.
The defence on the other hand strongly opposed an application for revocation of bail even in circumstances that the charges are shown to be laid.
Private lawyer Hubert Fugui who represents the accused said the first attempt for revocation was later withdrawn.
“The first attempt was made based on some allegations.
“It took some period of time the matter was adjourned and eventually it was withdrawn.
“Now the question is, where are the allegations?”
He submitted that something is going on but the defence cannot speculate on that.
Fugui argued that for any application to revoke bail or any application to be determined, witnesses have to be called for that purpose before the court can determine the issue.
“Our stance is based on the fact that this is to avoid complainants making malicious allegations simply on personal grounds just to have a person remanded,” Fugui further argued.
Olutimayin however in response argued that bail applications and revocations are usually determined on sworn statements and the court does not have to call oral evidence.
She said if the sworn statements conflict then the court will ask for oral evidence.
She also added that defence is using the delay tactics and the reason that she stopped the first attempt for revocation was to avoid wasting her time with the revocation and have the matter progressed further to hear.
“In the time the court was preparing to set the matter down for hearing, it was when I received the letter from the Commissioner of Police that the accused has re-offend.”
Having heard from both counsels, Principal Magistrate Felix Hollison adjourned the matter for a hearing of the revocation of the bail.
Maenu’u was accused of discharging a firearm on March 22 following an ongoing disagreement between the accused and the complainant’s family at Tinge Ridge.
No one was injured at that time but the damage was allegedly caused to a bus owned by the other group which was parked in their area.
By ASSUMPTA BUCHANAN