The bail hearing for Edward Ulberg will be heard in the Supreme Court today.
The defendant is facing charges in the alleged murder of his pregnant wife and Ulberg is facing seven criminal charges including killing of his unborn child.
It was postponed from last week, after Supreme Court Justice Lesatele Rapi Vaai expressed disappointment with the prosecution over the lack of due diligence by the Prosecution.
Prosecuting this matter is Ioata Tanielu while defines Counsel is Tofilau Leone Su’a-Mailo.
Firstly Justice Lesatele took issue with prosecution over the lateness in submitting his arguments of opposing bail and in response, Tanielu says he was trying to ascertain a full argument for their position and apologies for the lateness in submission.
Then Leastele proceeded to question the affidavit before the court.
He said: “I would have thought that you would come with a supplementary affidavit, the affidavit before me in support of your objection is insulting to the court and its unsatisfactory.
“Theinvestigating officer simply says he strongly oppose bail for the defendant for the following reasons; high risk of interfering; risk of re-offending; risk of breaching previous convictions.
Now those are matters for the court to consider” and that prosecution is supposed to lay the facts for the court’s final decision.
Lesatele reminded prosecution there is a need for a supplementary affidavit to satisfy the conditions of the Criminal Procedures Act and opted to postpone the matter to today given the lack of sufficient information from prosecution to make an informed decision.
