Lichtenstrasser v S (CC 9 of 2021) [2022] NAHCMD 28 (2 February 2022)
The applicant failed to establish new facts that would displace the original grounds for bail refusal; COVID-19 related delays and consultation impediments were temporary and did not undermine the basis for detention, and the alleged mental health deterioration was neither new nor substantiated.
- Citation
- [2022] NAHCMD 28
- Parties
- Applicant: Ernst Lichtenstrasser; Respondent: The State
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 2 February 2022
- Case Number
- CC 9 of 2021
- Procedural Posture
- Criminal / Bail Application on New Facts
- Outcome
- Application for bail on new facts dismissed
- Legal Topics
- Bail, New Facts, COVID 19 Impact on Trial, Mental Health in Detention
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ernst Lichtenstrasser
Applicant
The State
Respondent
Procedural Posture
Criminal / Bail Application on New Facts
Legal Issues
- 1 Whether the applicant established new facts justifying reconsideration of bail
- 2 Whether COVID-19 related delays and consultation impediments constitute new facts
- 3 Whether alleged mental health deterioration is a new fact
Ratio Decidendi
The applicant failed to establish new facts that would displace the original grounds for bail refusal; COVID-19 related delays and consultation impediments were temporary and did not undermine the basis for detention, and the alleged mental health deterioration was neither new nor substantiated.
Court Disposition
Application for bail on new facts dismissed
Orders
- The application for bail on new facts is dismissed.
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