Mochesane v The Director of Public Prosecutions (CRI/APN 602 of 17) [2019] LSHC 25 (21 October 2019)

Mochesane v The Director of Public Prosecutions (CRI/APN 602 of 17) [2019] LSHC 25 (21 October 2019)

Given the seriousness of the charge, the likelihood of a severe penalty if convicted, inconsistencies in the petitioner's statements, and the need to ensure the petitioner stands trial, it is not in the interests of justice to grant bail.

Citation
[2019] LSHC 25
Parties
Petitioner: Khutlang Mochesane; Respondent: Director of Public Prosecutions
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 October 2019
Case Number
CRI/APN 602 of 17
Procedural Posture
Bail Application / Judgment on Bail Pending Trial
Outcome
application for bail refused
Legal Topics
Bail, Attempted Murder, Pre Trial Detention, Presumption of Innocence
Source Language
English
Criminal Law Constitutional Law Bail Attempted Murder Pre Trial Detention Presumption of Innocence

Case Brief

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Parties

Khutlang Mochesane

Petitioner

Director of Public Prosecutions

Respondent

Procedural Posture

Bail Application / Judgment on Bail Pending Trial

Legal Issues

  1. 1 Whether the petitioner should be granted bail pending trial for attempted murder
  2. 2 Whether continued detention amounts to anticipatory punishment
  3. 3 Whether the petitioner is a flight risk or will interfere with justice

Ratio Decidendi

Given the seriousness of the charge, the likelihood of a severe penalty if convicted, inconsistencies in the petitioner's statements, and the need to ensure the petitioner stands trial, it is not in the interests of justice to grant bail.

Court Disposition

application for bail refused