R v Casime & Anor. (CO 72/2017) [2018] SCSC 8078 (19 February 2018)

R v Casime & Anor. (CO 72/2017) [2018] SCSC 8078 (19 February 2018)

The affidavit in support of the bail application, sworn by defence counsel on contentious matters, is prohibited by the Legal Practitioners (Professional Code of Conduct) Rules and is therefore null and void. Without a valid affidavit, the bail application is unsupported and incompetent, leading to its dismissal.

Citation
[2018] SCSC 8078
Parties
Prosecution: The Republic; Accused: Osama Casime; Accused: Hifa Casime
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 February 2018
Case Number
CO 72/2017
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail application dismissed
Legal Topics
Bail, Remand, Affidavit Competency, Legal Practitioners' Conduct, Controlled Drugs Offences
Source Language
English
Criminal Law Constitutional Law Professional Ethics Bail Remand Affidavit Competency Legal Practitioners' Conduct Controlled Drugs Offences

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Parties

The Republic

Prosecution

Osama Casime

Accused

Hifa Casime

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the affidavit in support of the bail application is competent
  2. 2 Whether there are sufficient grounds to grant bail to the accused persons
  3. 3 Whether there has been a change in circumstances to justify granting bail

Ratio Decidendi

The affidavit in support of the bail application, sworn by defence counsel on contentious matters, is prohibited by the Legal Practitioners (Professional Code of Conduct) Rules and is therefore null and void. Without a valid affidavit, the bail application is unsupported and incompetent, leading to its dismissal.

Court Disposition

Bail application dismissed

Orders

  • Affidavit in support of bail application struck out as null and void
  • Bail application dated 29th January 2018 dismissed as incompetent