High Court Judge Justice Daniel Gounder today denied the bail application of alleged rapist Petero Bai on the grounds that he had allegedly committed the offence of rape and attempted murder while serving a suspended sentence.
Bai is charged with attempted murder and rape and is alleged to have raped a class three student, who was found unconscious in the school toilet and he allegedly punched the victim before sexually assaulting her.
Judge Gounder told the court that within one year of that suspended period, allegations of more serious offences were brought up against him, and in his view, the new offences appeared to have been allegedly committed while he was serving his suspended sentence and that is the reason why he has been denied bail.
Defense Counsel Barbara Malimali has asked the court if her client could be treated in a humane way while he is in custody. However Judge Gounder said he did not see any signs of inhumane treatment.
Malimali also highlighted that there are 300 prisoners in Korovou, 200 of which are in remand, and she has asked the court not to treat Bai any different from those in remand.
Bai will remain in custody pending the trial unless there is a material change in circumstances to reconsider bail. Judge Gounder told Bai that he has a right of appeal of review of his decision before the Fiji Court of Appeal.
Judge Gounder this morning also enquired about the medical condition of the class three student.
DPP counsel Paulini Madanavosa told the court that the victim has started talking, and will be reviewed on the 8th of June, the results of which will allow them to take the next step of getting a statement from the Class three student.
The case has been adjourned to the 7th of June.
