Monethi v Director of Public Prosecution (CRI/APN 607 of 2011) [2013] LSHC 1 (11 February 2013)

Monethi v Director of Public Prosecution (CRI/APN 607 of 2011) [2013] LSHC 1 (11 February 2013)

Applicant failed to demonstrate exceptional circumstances justifying bail. The facts show he is a flight risk, having evaded arrest for five months and failed to report to police despite knowledge of being sought. Granting bail would jeopardize the interests of justice.

Citation
[2013] LSHC 1
Parties
Applicant: Thabang Monethi; Respondent: Director of Public Prosecutions
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 February 2013
Case Number
CRI/APN 607 of 2011
Procedural Posture
Criminal / Bail Application
Outcome
Application for bail dismissed
Legal Topics
Bail, Exceptional Circumstances, Flight Risk, Murder
Source Language
English
Criminal Law Criminal Procedure Bail Exceptional Circumstances Flight Risk Murder

Case Brief

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Parties

Thabang Monethi

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicant has advanced exceptional circumstances to justify release on bail
  2. 2 Whether the applicant is a flight risk
  3. 3 Whether granting bail would jeopardize the interests of justice

Ratio Decidendi

Applicant failed to demonstrate exceptional circumstances justifying bail. The facts show he is a flight risk, having evaded arrest for five months and failed to report to police despite knowledge of being sought. Granting bail would jeopardize the interests of justice.

Court Disposition

Application for bail dismissed

Orders

  • Application for bail is refused and dismissed