Businessman Ballu Khan has been cleared of allegations that he breached his bail conditions by the High Court this afternoon after the Court heard he was not under a 24 hour curfew.
Justice Daniel Goundar Khan this afternoon questioned State prosecutor, Wilisoni Kurusiqila as to whether Khan's fourth bail condition which states that Khan could only leave his residence for a health checkup or to report to the Police Station, applied for 24 hours.
Kurusiqila revealed that the bail applied only from 6am to 6 in the evening and was not a 24 hour curfew.
In ruling, Judge Goundar said he found no breach in the bail condition and therefore Khan should be released. However, Goundar added the same bail conditions that were imposed in January still stands.
After the ruling, Khan said that he was pleased with the outcome of the hearing and would seek legal advice on whether to challenge his arrest.
Khan was arrested at about 1 o'clock this morning by the Police Strike Back team after he went to the Nausori Airport yesterday afternoon to pick some people up.
Eariler in the news:
Khan's Lawyer, Queens Counsel Peter Williams maintained that Khan's arrest was illegal as he had not breached his bail conditions, the Director Of Public Prosecutions Office said this was not correct.
The Office of the DPP said their reading of the bail conditions indicate that Khan can leave his place of residence at Muanikau, without the leave of the court for two purposes only, to report to the police station in adherence to his bail requirement or for medical attention at the hospital.
The DPP's Office said any attempts to give these written conditions more generous reading than what it states cannot be accepted. It stresses that if Khan desires, an application has to be made to the court to vary any conditions as the DPP has no lawful powers to do so.
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Ballu Khan has not breached bail conditions-High Court
