Court grants bail to jailed MPs and rioters
Chief Justice Joni
Madraiwiwi granted bail to the two jailed members of parliament
including five rioters today (17 July) for their involvement in the
June protest-turned-riot outside the Nauru Parliament while three
other rioters were released from remand.
Suspended MPs Sprent
Dabwido, Squire Jeremiah and eight other rioters appeared in the
Nauru Supreme Court today before CJ
Madraiwiwi.
In Criminal Case number 74
involving MPs Dabwido and Jeremiah His Honour Madraiwiwi cited
several reasons why bail should be granted including the
"unblemished conduct" displayed by both defendants when they were
permitted to attend a family funeral on two occasions on
4th and 6th July.
"The prosecution may not
raise the issue of the public interest and safety concerns now when
it omitted to do so in those previous
instances.
"Neither may it cite the
events of 16 June 2015 when the defendants have behaved
appropriately on the most two recent occasions of their subsequent
release," CJ Madraiwiwi said.
His Honour also cited that
the applicants challenged the constitutionality of the charges
against them and their subsequent arrest and detention following
the charges.
The Court therefore is of
the opinion that there has been a change in circumstances since 23
June 2015 that justifies the exercise of its discretion to direct
that bail be granted pursuant to section 80 (3) of the Criminal
Procedures Act 1976.
Bail is therefore granted
with the conditions that the two defendants surrender their
passports and not to apply for another without the court's
permission, nor leave the country without the court's permission.
They must also reside at their present residences, to be of good
behaviour, to not enter the precincts of the parliament without
permission from the speaker of parliament, to provide two sureties
each to the satisfaction of the court, to report weekly to the
Nauru Police Force, to remain at their residences from 6.00pm to
6.00am each day except in cases of medical emergency and to appear
in Court when required.
Their right to legal counsel
of their choice has been adjourned for mention to 17 August
2015.