BY JENNIFER KUSAPA
HIGH Court judge Justice Maelyn Bird has released a man accused of murder, Jimmy Junior Lusibaea on bail with strict conditions.
The prosecution had earlier charged Lusibaea with one count of murder contrary to section 200 of the Penal Code (cap 26), one count of driving unlicensed motor vehicle contrary to section 7(1) of the Road Transport Act and one count of driving without a valid license contrary to section 20 (l) of the Road Transport Act.
Justice Bird in her ruling on the bail application explained that it must be observed that the right to bail of a person charged with a criminal offence is protected under section 5 and section 10 of our national constitution.
She said the current applicant in this bail application is charged with the offence of murder together with other minor offences.
“It is not uncommon for the courts in this jurisdiction to release people on bail who are facing murder charges, there have been numerous cases where accused have been admitted to bail notwithstanding that they were charged with the offence of murder”, Justice Bird said.
Ms Bird taking into account the applicant’s presumption of innocence and the applicant’s right to personal liberty together with all relevant factors of the bail application, granted bail for the accused to be released from custody while waiting for his hearing on the case.
Therefore, she imposed a $5000 cash bail with a curfew order to the effect that the applicant must be confined within the Lion Heart Co Ltd’s compound area, Henderson, from 7pm to 6:30am each day until his matter is finalised by the court.
Other conditions also imposed is that the applicant shall not take alcoholic liquor whilst on bail.
The alleged incident occurred at the Henderson area East Honiara in the early hours of December 6.
The allegation said a fast-moving vehicle hit the deceased in front of the Island Night Club in the Henderson area during an argument and rock throwing between two parties.
Prosecution said the accused drove a double cabin Hilux at a high speed to and fro in front of the Club area when he allegedly hit the deceased.
The deceased after being hit was transported to the National Referral Hospital (NRH) in Honiara by his relatives and but died shortly afterwards.
Prosecution also said that following the incident, a reconciliation was made between the two parties, and compensation was paid to the deceased’s family.
Lusibaea was then arrested and remanded in custody since December 16 2020.