Hatuikulipi v S (CC 6 of 2021) [2022] NALCMD 693 (27 December 2022)

Hatuikulipi v S (CC 6 of 2021) [2022] NALCMD 693 (27 December 2022)

The applicant's new facts, though new, do not establish a new perspective that impacts on the old facts or change the basis on which bail was initially refused. The State has made out a strong prima facie case, the offences are serious, and the interests of justice do not merit release on bail under these...

Source-derived case information.

Citation
[2022] NALCMD 693
Parties
Applicant: Tamson Tangeni Hatuikulipi; Respondent: The State
Court
Labour Court Main Division
Jurisdiction
Namibia
Judgment Date
27 December 2022
Case Number
CC 6 of 2021
Procedural Posture
Criminal Bail Application / Ruling on Bail Application Based on New Facts
Outcome
Application for bail based on new facts dismissed
Legal Topics
Bail, New Facts in Bail Applications, Racketeering, Money Laundering, Fraud, Theft, Corruption, Conspiracy to Commit Crime
Source Language
english
Criminal Law Criminal Procedure Bail New Facts in Bail Applications Racketeering Money Laundering Fraud Theft +2 more

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Summary, issues, holding and outcome

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Parties

Tamson Tangeni Hatuikulipi

Applicant

The State

Respondent

Procedural Posture

Criminal Bail Application / Ruling on Bail Application Based on New Facts

Legal Issues

  1. 1 Whether the applicant has established new and relevant facts justifying reconsideration of bail
  2. 2 Whether the new facts change the basis on which bail was initially refused
  3. 3 Whether the State has a strong prima facie case against the applicant

Ratio Decidendi

The applicant's new facts, though new, do not establish a new perspective that impacts on the old facts or change the basis on which bail was initially refused. The State has made out a strong prima facie case, the offences are serious, and the interests of justice do not merit release on bail under these circumstances.

Court Disposition

Application for bail based on new facts dismissed

Orders

  • The applicant’s application for bail based on new facts is dismissed.
  • The applicant is remanded in custody pending trial.