R v Ifendu & Anor (CO 68/2021) [2021] SCSC 974 (2 August 2021)

The prosecution failed to establish substantial grounds for remanding the 2nd Respondent; bail is appropriate with strict conditions to mitigate flight risk and interference with justice.

Citation: [2021] SCSC 974
Parties: Prosecution: The Republic; 1st Accused: Ozubay Ifendu; 2nd Accused: Ansel Larue
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 2 August 2021
Case Number: CO 68/2021
Procedural Posture: Criminal / Bail/remand Application Ruling
Outcome: 2nd Respondent released on bail with conditions
Legal Topics: Bail, Remand, Controlled Drugs, Importation of Drugs
Source Language: English

Criminal Law Bail Remand Controlled Drugs Importation of Drugs

Case Brief

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Parties

The Republic

Prosecution

Ozubay Ifendu

1st Accused

Ansel Larue

2nd Accused

Procedural Posture

Criminal / Bail/remand Application Ruling

Legal Issues

1 Whether the 2nd Respondent should be remanded in custody or released on bail
2 Whether the prosecution has established substantial grounds for remand under Section 179 of the Criminal Procedure Code and Article 18(7) of the Constitution

Ratio Decidendi

The prosecution failed to establish substantial grounds for remanding the 2nd Respondent; bail is appropriate with strict conditions to mitigate flight risk and interference with justice.

Court Disposition

2nd Respondent released on bail with conditions

Orders

2nd Respondent to pay cash bail of SR45,000 with two sureties each signing a bond of SR40,000 approved by court
2nd Respondent not to leave Seychelles until final determination of the case; must surrender passport and travel documents; immigration authorities to prevent issuance of travel documents