Poor health wins former MP bail

By DAPHNE WANI
THE Supreme Court has granted bail to former Laiagap-Porgera MP Phillip Kikala, who is serving a seven-year jail term for misappropriation, to seek medical treatment overseas.
Justice Ellenas Batari, sitting as a single judge in Waigani on Friday, ruled that Kikala’s medical condition was an exceptional circumstance.
He said that the right to bail under the Constitution was lost when a person was convicted and sentenced to imprisonment.
“The onus is on the applicant to show exceptional circumstances exist to justify bail,” he said.
“The applicant has been a sick person for a long time, before he stood trial, and upon being imprisoned his health condition had deteriorated and he needs specialist doctors to look into his medical condition here in PNG and abroad.”
Kikala was granted bail on a surety of K10,000, with his two guarantors to pay K5000 each.
His lawyer George Lau said Kikala had kidney failure and had been consistently seeking medical treatment while in prison.
He was convicted on four counts of misappropriation of public funds totalling K1,107,100 between March 1 and May 30, 2012.
Lau told The National that his client had paid the K10,000 and was making his travel arrangements to go to the Philippines.
The judge also ordered Kikala to take all necessary steps to prepare for his appeal by or before Nov 2.
Kikala applied for bail on the grounds of medical condition,   prospect of success of appeal, family’s welfare, opportunity to facilitate restitution and in the interest of justice.
Justice Batari dismissed four of the five grounds and ruled that Kikala’s medical condition was the only exceptional ground.