Bail Submissions

IN THE FIRST MAGISTRATE’S COURT AT SUVA

CRIMINAL JURISDICTION

Criminal Case No. 1377 of 2025
IN THE MATTER of an application by the Applicant pursuant to Section 3 and 30 of the Bail Act 2002
BETWEEN:

  • VARINAVA SABUA - APPLICANT

  • THE STATE - RESPONDENT

AFFIDAVIT IN REPLY

To Affidavit of Detective Constable 3056 Jolei Luveitasau sworn on 3rd December 2025
Overview:

  • Varinava Sabua, the Applicant, is a Police Officer currently detained at Suva Remand Centre.

  • This affidavit supports the Applicant's application for bail dated 21st November 2025.

1. Personal Knowledge

  • Varinava Sabua provides this affidavit based on personal knowledge, unless otherwise stated.

2. Reliance on Previous Affidavit

  • The Applicant reaffirms reliance on the contents of his previous affidavit dated 21st November 2025.

3. Response to Detective Constable's Affidavit

  • Paragraphs [1] to [4]: Not applicable; outside of personal knowledge.

  • Paragraphs [5]: No response due to lack of knowledge of the investigation.

  • Paragraphs [6] and [7]: Confirms arrest and interview at CID HQ, emphasizes cooperation with the police during the investigation.

4. Critique of Opposition Affidavit

  • Claims that the Detective Constable's affidavit cherry-picks issues without considering the overall context of the application for bail, not accurately representing the special facts and new circumstances.

5. Confirmation of Special Facts and New Circumstances

  • Paragraph [8]: Confirms the relevance of content in his Affidavit dated 21st November 2025.

  • Special Circumstances Cited:

    • Medical Condition:

      • Prior Counsel failed to highlight severe medical condition (swollen feet) resulting in ongoing treatment and complications.

      • Comprehensive medical evidence not previously submitted before the Court.

    • Financial Responsibility:

      • Sole breadwinner for immediate family (elderly mother, two brothers) who are financially dependent.

      • If remanded, they would face financial hardship.

    • Medical Debts:

      • Accumulated significant debts due to medical bills; payments halted while in remand, leading to financial strain on family.

    • Loan Debt:

      • Owes $54,000 to Konitiki Finance with fortnightly payments of $284; unable to meet these payments while in remand, risking legal action for non-payment.

    • Change in Circumstance:

      • Initially denied bail due to being a suspect in another investigation; has not been charged, indicating a significant change that favors bail.

6. Medical Explanation

  • Paragraph [10]: Emphasizes ongoing serious medical condition (Acute Cholecystitis) treated with surgery early in 2025.

    • Surgical Procedure:

      • Underwent Laparoscopic Cholecystectomy alongside Laparoscopic Intra Operative Angiogram.

    • Post-Surgical Impact:

      • Left with lifelong complications that are worse in remand.

      • Experiences recurrent abdominal pain and gastrointestinal issues; compromised immunity increases infection risk in remand conditions.

7. Health Risks in Remand Settings

  • Response to Paragraph [11]: Relies on reports showing health risks (HIV/AIDS outbreaks, overcrowding) in corrections facilities.

    • Cites multiple articles confirming the existence of serious health risks due to overcrowded conditions.

    • Advocates that pre-existing conditions put him at greater risk of contracting diseases in the remand center.

8. Legal Considerations

  • Response to Paragraphs [16] and [17-19]:

    • Denies allegations without evidence.

    • Affirms understanding of witness engagement rules as a police officer.

    • Claims concerns can be addressed through strict bail conditions.

9. Summary of Arguments

  • Emphasizes that issues raised in opposition do not offset the presumption of bail in his favor.

    • Asserts willingness to abide by any bail conditions laid out by the Court.

10. Request for Relief

  • The Applicant prays for the Court’s indulgence in granting orders for bail based on presented circumstances.

Sworn by VARINAVA SABUA

  • Date: [Specifically Day, Month Year]

  • Prior to me: [Commissioner of Oaths]