Matee v R (CRI/APN 426 of 2000) [2000] LSCA 59 (31 July 2000)

Matee v R (CRI/APN 426 of 2000) [2000] LSCA 59 (31 July 2000)

The Court found the prosecution's case illogical and unsupported by evidence, particularly regarding the chronology of alleged offences and the claim of resisting arrest for a crime not yet committed. The Court held that there was no sufficient evidence to show the applicant would abscond or interfere with...

Source-derived case information.

Citation
[2000] LSCA 59
Parties
Applicant: Churchill Malunga Matee; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
31 July 2000
Case Number
CRI/APN 426 of 2000
Procedural Posture
Criminal Application / Bail Application Ruling
Outcome
Bail granted
Legal Topics
Bail Pending Trial, Attempted Murder, Murder, Arms and Ammunition Offences
Source Language
english
Criminal Law Bail Bail Pending Trial Attempted Murder Murder Arms and Ammunition Offences

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Parties

Churchill Malunga Matee

Applicant

Rex

Respondent

Procedural Posture

Criminal Application / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial given the seriousness and multiplicity of charges
  2. 2 Whether the applicant is likely to abscond or interfere with witnesses

Ratio Decidendi

The Court found the prosecution's case illogical and unsupported by evidence, particularly regarding the chronology of alleged offences and the claim of resisting arrest for a crime not yet committed. The Court held that there was no sufficient evidence to show the applicant would abscond or interfere with witnesses, and thus bail should be granted under specified conditions.

Court Disposition

Bail granted

Orders

  • Applicant granted bail on conditions set out in paragraph 21 of his petition: attend remands, pay M500 cash, find surety in the sum of M3000, stand trial, and report at Maputsoe Police Station every Saturday between 6 a.m. and 6 p.m.