Australian national Simon McCartney has been remanded in custody till tomorrow morning while Suva Magistrate John Semisi deliberates on whether to grant him bail.

DPP laywer Asishna Prasad stressed this morning that the state strongly opposes bail on the grounds that McCartney is a clear flight risk as he is now an illegal immigrant in Fiji after his visitor's permit expired on November 2nd.

Prasad highlighted that due to the fact that the Immigration Department does not have facilities to detain a person, McCartney will be deported if he is granted bail. Prasad also highlighted that the accused is believed to be retired in Australia and is unemployed in Fiji and will flee if given the opportunity.

She said the state also opposes bail on the ground that the safety of the accused should be taken into consideration as tension is high after he allegedly murdered his wife, Ashika Lata.

However, McCartney’s lawyer Sevuloni Valenitobua denounced these claims. He told the court that McCartney was to leave the country on November 2nd. He said charges were laid and then dropped against him, and then the Immigration Department was instructed by Police to stop him from leaving the country. Valenitobua said his client is currently on workers compensation due to injuries he had suffered and is still being paid while in Fiji. He said, if granted bail McCartney would reside with his father in Veisari and assured the court that his client is not another Peter Foster.

Magistrate Semisi will deliver his ruling at 11am tomorrow.