Third bail attempt refused

By CLARISSA MOI
A MAN who allegedly killed businessman Jeffery Paul Bull in Port Moresby two years ago was denied bail by the Waigani National Court yesterday.
Acting judge Justice Laura Kuvi ruled that Alexander Genia’s grounds for bail were not sufficient and that there was no change in circumstance.
Genia is alleged to have killed Bull on Sept 20, 2019, at the address Sect 55 Lot 7, Sore St at Gordon.
Justice Kuvi noted that there were two previous bail applications by Genia in the National Court.
On Dec 24, 2019, bail was refused by Justice Teresa Berrigan and on May 20, 2020, by Justice Panuel Mogish.
She also noted that Genia had notified the court of the two previous bail applications, however, he had not provided full reasons in accordance with the Bail Act.
The court also heard that Genia had not presented evidence for change of circumstance.
“You’ve made a third application to the national court,” she said.
“The law is very clear in relation to reapplying to the National Court.”
Justice Kuvi said change of circumstance had to be specific to the earlier decision.
“The court is not concerned with new circumstances,” she said.
“You must demonstrate that there has been a change in circumstance to the grounds of the previous application. And in order for you to do that, there has to be reasons.
“You must provide the reasons from the two previous judges.”
Justice Kuvi said the reasons were important for the court to note and decide whether there was a change to those circumstances or whether it was a new circumstance.
“If the applicant argues factors such as medical condition or family factors, he needs to provide the court reasons for this secondary court to consider whether or not there has been a change to those circumstances.
“It is for this court to consider whether medical condition was a matter that was considered in the first or the second application.”
“Without those reasons I find that you have not demonstrated any change of circumstance.”
Genia was remanded.