R v Geers & Ors (CO 27/2017) [2017] SCSC 881 (12 June 2017)

R v Geers & Ors (CO 27/2017) [2017] SCSC 881 (12 June 2017)

The accused persons are entitled to bail unless the Republic demonstrates compelling reasons for remand. The 1st accused's cooperation, voluntary appearance, and lack of evidence of absconding reduce the necessity for remand. Strict bail conditions are sufficient to secure attendance at trial.

Citation
[2017] SCSC 881
Parties
Prosecutor: The Republic; 1st Accused: Albert Geers; 2nd Accused: Mary Geers; 3rd Accused: Albertus Geers
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 June 2017
Case Number
CO 27/2017
Procedural Posture
Criminal / Bail/remand Application Ruling
Outcome
Bail granted with conditions
Legal Topics
Bail, Remand, Drug Offences
Source Language
English
Criminal Law Bail Remand Drug Offences

Case Brief

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Parties

The Republic

Prosecutor

Albert Geers

1st Accused

Mary Geers

2nd Accused

Albertus Geers

3rd Accused

Procedural Posture

Criminal / Bail/remand Application Ruling

Legal Issues

  1. 1 Whether the accused persons should be remanded in custody or released on bail pending trial
  2. 2 Whether compelling reasons exist to deny bail under the Constitution

Ratio Decidendi

The accused persons are entitled to bail unless the Republic demonstrates compelling reasons for remand. The 1st accused's cooperation, voluntary appearance, and lack of evidence of absconding reduce the necessity for remand. Strict bail conditions are sufficient to secure attendance at trial.

Court Disposition

Bail granted with conditions

Orders

  • 1st accused to deposit SCR100,000 cash and provide two sureties of SCR50,000 each; refrain from contacting witnesses; report to police twice weekly; surrender travel documents; not leave Mahe without court consent; Immigration to be notified; breach leads to remand.
  • 2nd and 3rd accused to each deposit SCR50,000; refrain from contacting witnesses; report to police weekly; surrender travel documents; not leave Seychelles without court consent; Immigration to be notified; breach may lead to cancellation of bail.