R vs Soopramanian and another (CO 30.2014) [2014] SCSC 398 (29 October 2014)

R vs Soopramanian and another (CO 30.2014) [2014] SCSC 398 (29 October 2014)

The right to bail is qualified and not absolute; the seriousness of the offence and risk of absconding outweigh the accused's personal circumstances. The court has acted judiciously and not arbitrarily, and there is no merit in the argument that derogations in article 18(7) apply only to suspects.

Citation
[2014] SCSC 398
Parties
Prosecution: The Republic; Accused: Fabio Soopramanian; Accused: Wallace Reine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 October 2014
Case Number
CO 30.2014
Procedural Posture
Criminal / Bail Application Ruling
Outcome
bail application declined
Legal Topics
Bail, Remand, Right to Liberty, Presumption of Innocence
Source Language
English
Criminal Law Constitutional Law Bail Remand Right to Liberty Presumption of Innocence

Case Brief

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Parties

The Republic

Prosecution

Fabio Soopramanian

Accused

Wallace Reine

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be released on bail pending trial
  2. 2 Whether continued remand violates the accused's constitutional rights

Ratio Decidendi

The right to bail is qualified and not absolute; the seriousness of the offence and risk of absconding outweigh the accused's personal circumstances. The court has acted judiciously and not arbitrarily, and there is no merit in the argument that derogations in article 18(7) apply only to suspects.

Court Disposition

bail application declined

Orders

  • Application for bail is declined. Both accused to remain in remand custody.