Lupalwezi v S (5 of 2016) [2017] NAHCNLD 93 (19 September 2017)

Lupalwezi v S (5 of 2016) [2017] NAHCNLD 93 (19 September 2017)

The facts presented by the applicants were not new or relevant to the issue of bail, as they either had been considered in the first application or did not address a change in circumstances justifying release. The public interest and administration of justice continue to require that the applicants remain in custody given the seriousness of the charges.

Citation
[2017] NAHCNLD 93
Parties
1st Applicant: Walter Lwendo Lupalwezi; 2nd Applicant: Ndozi Ndozi; Respondent: The State
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
19 September 2017
Case Number
5 of 2016
Procedural Posture
Criminal / Bail Application (second Application Based on Alleged New Facts)
Outcome
Applications struck from the roll; ancillary orders issued.
Legal Topics
Bail, New Facts in Bail Applications, Detention Conditions, Duty of Care to Detainees
Source Language
English
Criminal Law Criminal Procedure Bail New Facts in Bail Applications Detention Conditions Duty of Care to Detainees

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Parties

Walter Lwendo Lupalwezi

1st Applicant

Ndozi Ndozi

2nd Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application (second Application Based on Alleged New Facts)

Legal Issues

  1. 1 Whether the facts presented constitute new and relevant facts for a renewed bail application
  2. 2 Whether the applicants should be admitted to bail based on the alleged new facts

Ratio Decidendi

The facts presented by the applicants were not new or relevant to the issue of bail, as they either had been considered in the first application or did not address a change in circumstances justifying release. The public interest and administration of justice continue to require that the applicants remain in custody given the seriousness of the charges.

Court Disposition

Applications struck from the roll; ancillary orders issued.

Orders

  • Applications of first and second applicant struck from the roll as facts are not relevant to bail.
  • Investigating Officer to ensure first applicant receives necessary medical attention as required.