Kamoruao v S (None 64 of 2011) [2011] NAHC 64 (10 March 2011)

Kamoruao v S (None 64 of 2011) [2011] NAHC 64 (10 March 2011)

The State failed to show cause why the applicant should not be admitted to bail, especially as all State witnesses have testified, the applicant has co-operated, and there is no evidence he will abscond.

Citation
[2011] NAHC 64
Parties
Applicant: Kaviyene Gerson Kamoruao; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
10 March 2011
Case Number
None 64 of 2011
Procedural Posture
Criminal / Bail Application After Commencement of Trial
Outcome
bail granted
Legal Topics
Bail Pending Trial, Presumption of Innocence, Risk of Absconding, Delay in Prosecution
Source Language
English
Criminal Law Bail Bail Pending Trial Presumption of Innocence Risk of Absconding Delay in Prosecution

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Parties

Kaviyene Gerson Kamoruao

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application After Commencement of Trial

Legal Issues

  1. 1 Whether the applicant should be granted bail after commencement of trial and closure of State's case
  2. 2 Whether the State has shown sufficient grounds to deny bail

Ratio Decidendi

The State failed to show cause why the applicant should not be admitted to bail, especially as all State witnesses have testified, the applicant has co-operated, and there is no evidence he will abscond.

Court Disposition

bail granted

Orders

  • Applicant granted bail in the amount of N$3,500.00.
  • Applicant to report to Okakarara Police Station Mondays, Wednesdays, and Fridays between 08h00-09h00 and 18h00-19h00 until trial resumes in Windhoek.