Qaranivalu and Others to Remain Under Curfew

High Court Judge Justice Daniel Gounder has refused to grant a variation in bail conditions to the ten men who are charged with allegedly plotting to assassinate the interim Prime Minister Commodore Frank Bainimarama and others.

In his ruling on the application from businessman Ballu Khan, the Qaranivalu Ratu Inoke Takiveikata and eight others to cancel their curfew hours on the grounds that it is too harsh, Judge Gounder stated that he was not satisfied that the present bail conditions were unreasonable in the circumstances of the case.

Justice Gounder highlighted that the accused persons were granted bail despite facing serious charges and over strong objects from prosecution because of the fear of threat posed by the accused persons to the public order. He said the state’s concern is legitimate.

The judge said after all the accused persons are facing allegations that they conspired to kill Commodore Bainimarama, Interim Finance Minister Mahendra Chaudhry and Interim Attorney General Aiyaz Sayed-Khaiyum

He further stated that the condition imposed on Ballu Khan to report to the police station was justifiable because he is a foreign national and has financial means to abscond.

Justice Gounder said the restriction on communication was also understandable as Ratu Inoke Takiveikata was in a position to influence given his chiefly status in the community and it did not mean that their counsel could not meet with them to prepare a defense.

Meanwhile, the High Court Judge also ruled that the three vehicles and electronic items seized by police during a raid at businessman Ballu Khan's house be released to him.

Judge Daniel Gounder stated in his ruling on the matter that the likely issue at the hearing of the trial would be whether the accused persons met and agreed to an unlawful act. He said how they reached the destination was an unlikely issue to be brought up.

He said if it became an issue, the matter could be cleared through eyewitnesses who saw the accused in the vehicles and through photographs of the vehicles and the items. Justice Gounder also noted that the seizure of the vehicles was without a warrant and the state’s continued possession of the property may ultimately prove improper.

While ordering the release of the Toyota Hilux, Prado, Nissan Pathfinder, DVD Player, Digital Camera, Video Camera and two Ipods, Judge Gounder said that the accused had to take an undertaking in writing that he would not dispute the admissibility of the photographs of these items at the hearing of the trial.

The case has been adjourned till 4th June.