Ngatane v Director of Public Prosecutions (CRI/APN 306 of 91) [1996] LSHC 81 (15 August 1996)

The applicant was not shown to be a flight risk as the evidence supported his version that he reported himself to police, and the respondent's affidavit was both unconvincing and improperly filed.

Citation: [1996] LSHC 81
Parties: Applicant: Simon Ngatane; Respondent: Director of Public Prosecutions
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 15 August 1996
Case Number: CRI/APN 306 of 91
Procedural Posture: Criminal Bail Application / Ruling on Opposed Bail Application Pending Trial
Outcome: Bail granted
Legal Topics: Bail, Pre Trial Detention, Absconding Risk, Affidavit Evidence
Source Language: English

Criminal Law Criminal Procedure Bail Pre Trial Detention Absconding Risk Affidavit Evidence

Case Brief

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Parties

Simon Ngatane

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Bail Application / Ruling on Opposed Bail Application Pending Trial

Legal Issues

1 Whether the applicant should be granted bail pending trial
2 Whether the applicant is a flight risk

Ratio Decidendi

The applicant was not shown to be a flight risk as the evidence supported his version that he reported himself to police, and the respondent's affidavit was both unconvincing and improperly filed.

Court Disposition

Bail granted

Orders

Applicant to pay M300 cash deposit at Magistrate court
Applicant to surrender passport to police