R v Kanjere & Anor (CO 35/2018) [2018] SCSC 8210 (9 July 2018)

R v Kanjere & Anor (CO 35/2018) [2018] SCSC 8210 (9 July 2018)

The court found that, despite the constitutional right to bail, the accuseds' foreign status, lack of fixed abode, risk of absconding, and real risk of interference with witnesses could not be sufficiently mitigated by bail conditions. Therefore, remand was justified to protect the course of justice and witnesses.

Citation
[2018] SCSC 8210
Parties
Prosecution: The Republic; First Accused: Chris Kanjere; Second Accused: Jean-Claude Wellington Adeline
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 July 2018
Case Number
CO 35/2018
Procedural Posture
Criminal / Bail Application (remand Pending Trial)
Outcome
Application for remand allowed; bail denied.
Legal Topics
Bail, Remand, Controlled Drugs, Firearms and Ammunition, Presumption of Innocence
Source Language
English
Criminal Law Constitutional Law Bail Remand Controlled Drugs Firearms and Ammunition Presumption of Innocence

Case Brief

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Parties

The Republic

Prosecution

Chris Kanjere

First Accused

Jean-Claude Wellington Adeline

Second Accused

Procedural Posture

Criminal / Bail Application (remand Pending Trial)

Legal Issues

  1. 1 Whether the accused should be remanded in custody or released on bail pending trial
  2. 2 Whether compelling reasons exist to restrict the constitutional right to bail

Ratio Decidendi

The court found that, despite the constitutional right to bail, the accuseds' foreign status, lack of fixed abode, risk of absconding, and real risk of interference with witnesses could not be sufficiently mitigated by bail conditions. Therefore, remand was justified to protect the course of justice and witnesses.

Court Disposition

Application for remand allowed; bail denied.

Orders

  • Respondents to be remanded in custody pending trial.