Khororo v Director of Public Prosecutions (CRI/APN 358 of 89) [1996] LSHC 19 (6 February 1996)

Khororo v Director of Public Prosecutions (CRI/APN 358 of 89) [1996] LSHC 19 (6 February 1996)

The applicant discharged the onus of proof on a balance of probabilities that he will not abscond if released on bail. The respondent failed to provide sufficient evidence to support the objection. The applicant is granted bail with conditions.

Citation
[1996] LSHC 19
Parties
Applicant: Peter Mpho Khororo; Respondent: Director of Public Prosecutions
Court
High Court
Jurisdiction
Lesotho
Judgment Date
6 February 1996
Case Number
CRI/APN 358 of 89
Procedural Posture
Criminal Application / Bail Application Pending Trial
Outcome
Bail granted with conditions
Legal Topics
Bail, Absconding Risk, Burden of Proof
Source Language
English
Criminal Law Procedure Bail Absconding Risk Burden of Proof

Case Brief

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Parties

Peter Mpho Khororo

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Application / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial
  2. 2 Whether the applicant is likely to abscond if released on bail

Ratio Decidendi

The applicant discharged the onus of proof on a balance of probabilities that he will not abscond if released on bail. The respondent failed to provide sufficient evidence to support the objection. The applicant is granted bail with conditions.

Court Disposition

Bail granted with conditions

Orders

  • Applicant to pay M500 deposit
  • Report to Butha-Buthe police station last Saturday of every month