R v Makhetha and Others (CRI/A 100 of 84; CRI/A 101 of 84; CRI/A 99 of 84) [1984] LSCA 141 (17 December 1984)

R v Makhetha and Others (CRI/A 100 of 84; CRI/A 101 of 84; CRI/A 99 of 84) [1984] LSCA 141 (17 December 1984)

The magistrate's refusal to grant bail was justified due to the seriousness of the offence, risk of absconding given open borders and lack of extradition treaty, and potential interference with ongoing investigations.

Citation
[1984] LSCA 141
Parties
Appellant: Pitso Makhetha; Appellant: Malefetsane Mabope; Appellant: Lira Marai; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
17 December 1984
Case Number
CRI/A 100 of 84 ; CRI/A 101 of 84 ; CRI/A 99 of 84
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
appeal dismissed
Legal Topics
Bail, Judicial Discretion, Pre Trial Detention
Source Language
English
Criminal Law Procedure Bail Judicial Discretion Pre Trial Detention

Case Brief

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Parties

Pitso Makhetha

Appellant

Malefetsane Mabope

Appellant

Lira Marai

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the magistrate exercised discretion unreasonably in refusing bail
  2. 2 Whether the risk of absconding and interference with investigations justified continued detention

Ratio Decidendi

The magistrate's refusal to grant bail was justified due to the seriousness of the offence, risk of absconding given open borders and lack of extradition treaty, and potential interference with ongoing investigations.

Court Disposition

appeal dismissed

Orders

  • Bail refused; accused to remain in custody pending completion of Preparatory Examination.