Chefa v Director of Public Prosecutions (CRI/APN 381 of 13) [2013] LSHC 77 (20 September 2013)

Chefa v Director of Public Prosecutions (CRI/APN 381 of 13) [2013] LSHC 77 (20 September 2013)

The applicant failed to establish exceptional circumstances as required by section 109A of the Criminal Procedure and Evidence Act (Amendment Act) 2002, given the seriousness of the offences and the prima facie evidence against him, and thus does not qualify for bail.

Citation
[2013] LSHC 77
Parties
Applicant: Sehloho Chefa; Respondent: The Director of Public Prosecutions
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 September 2013
Case Number
CRI/APN 381 of 13
Procedural Posture
Criminal Bail Application / Ruling on Bail Application
Outcome
Bail application refused
Legal Topics
Bail, Murder, Attempted Murder, Arson, Exceptional Circumstances
Source Language
English

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Parties

Sehloho Chefa

Applicant

The Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Bail Application / Ruling on Bail Application

  1. 1 Whether the applicant has established exceptional circumstances to qualify for bail under section 109A of the Criminal Procedure and Evidence Act (Amendment Act) 2002
  2. 2 Whether the seriousness of the offences and interests of justice justify refusal of bail

Ratio Decidendi

The applicant failed to establish exceptional circumstances as required by section 109A of the Criminal Procedure and Evidence Act (Amendment Act) 2002, given the seriousness of the offences and the prima facie evidence against him, and thus does not qualify for bail.

Court Disposition

Bail application refused

Orders

  • Bail is refused
  • Applicant may reapply if prosecution is unreasonably delayed