Ferguson & Anor v R (CR 16 of 2021) [2021] SCSC 1092 (17 December 2021)

The postponement of the trial by almost 9 months, not occasioned by either party, constitutes a change in circumstances that would unjustly and prejudicially infringe the applicants' constitutional right to a fair hearing within a reasonable time. Bail is therefore warranted despite the seriousness of the charges.

Citation: [2021] SCSC 1092
Parties: Applicant: Andante Marcel Ferguson; Applicant: Kevin Lawrence Lablache; Respondent: Republic
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 17 December 2021
Case Number: CR 16 of 2021
Procedural Posture: Criminal / Bail Application
Outcome: Bail granted with conditions
Legal Topics: Bail, Right to Fair Trial, Change of Circumstances
Source Language: English

Criminal Law Constitutional Law Bail Right to Fair Trial Change of Circumstances

Case Brief

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Parties

Andante Marcel Ferguson

Applicant

Kevin Lawrence Lablache

Applicant

Republic

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

1 Whether the postponement of trial dates constitutes a change in circumstances justifying bail
2 Whether continued remand breaches the applicants' constitutional right to a fair hearing within a reasonable time

Ratio Decidendi

Court Disposition

Bail granted with conditions

Orders

First applicant to pay cash bail of SR150,000 and second applicant SR100,000, source of funds to be satisfied to court.
Each applicant to provide two sureties approved by court, each signing a bond of SR100,000.