The High Court has denied an application by a former customs agent jailed for five years and fined $5,000 for importing marijuana, to return his bail.
Titifalaula Siaumau failed to turn up at his trial August 18 2017 and a bench arrest warrant was then issued and the court also had his $10,000 bail forfeited.
In February of this year Siaumau filed a motion to set aside the forfeiture of bail and to return the sum to the defendant.
According to the written decision by Chief Justice Michael Kruse assisted by associate judges Faamausili Pomele and Muasau Tofili, criminal procedures require the High Court to declare forfeiture of bail when there is a breach of a bond condition.
“Defendant has failed to offer any legal or policy argument for why we should set aside forfeiture,” said the decision.
“Given previous counsel’s attempts to secure her client’s presence at the pre-trial conference, it appears to this court that the defendants absence was due to either wilfulness or reckless disregard”.
Defendant’s motion to set aside bail forfeiture was then denied.
