Republic v Dodin and Another (33 of 2007) [2007] SCSC 103 (4 October 2007)
The prosecution failed to provide valid reasons for continued detention, and the accused cannot be penalized for procedural failures by the prosecution; therefore, bail is granted with conditions.
Source-derived case information.
- Citation
- [2007] SCSC 103
- Parties
- Accused: Ricky Otar; Accused: Davis Dodin; Prosecution: The Republic
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 4 October 2007
- Case Number
- 33 of 2007
- Procedural Posture
- Criminal / Bail Application/order
- Outcome
- bail granted with conditions
- Legal Topics
- Bail, Remand, Presumption of Innocence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ricky Otar
Accused
Davis Dodin
Accused
The Republic
Prosecution
Procedural Posture
Criminal / Bail Application/order
Legal Issues
- 1 Whether the accused should continue to be remanded or be admitted to bail
Ratio Decidendi
The prosecution failed to provide valid reasons for continued detention, and the accused cannot be penalized for procedural failures by the prosecution; therefore, bail is granted with conditions.
Court Disposition
bail granted with conditions
Orders
- Accused to pay SR 5,000 cash each to the Registry of the Supreme Court.
- Each accused to present two sureties approved by the Court, each surety to sign a bond of SR 10,000.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES Criminal Side No. 33 of 2007 VS. RICKY OTAR THE REPUBLIC 1. DAVIS DODIN Criminal Side No. 34 of 2007 Criminal Side No. 35 of 2007 Mr. Durup standing in for Mr. Esparon for the Republic Mr. Herminie for the 1st accused Mrs. Antao for the 2nd accused ORDER Gaswaga, J The accused persons have been on remand for some time now and as the record shows, Mr. Durup for the prosecution is applying for their continued detention but has adduced no reasons. He has made reference to an earlier affidavit which is even defective. Mr. Herminie and Mrs. Antao are vehemently opposing the application. The Court summoned the complainants in all the cases but they did not turn up. They were not served and no return was filed. This cannot be visited on the accused persons who are innocent until proven guilty as per our Constitution. Accordingly, the accused persons are admitted to bail on the following conditions: 1. The accused should pay a sum of SR. 5, 000/- CASH in the Registry of the Supreme Court. 2. The accused should each present two sureties to be approved by the Court. They will sign a bond of SR. 10, 000/- each. 3. The accused should not leave the jurisdiction of Seychelles without an order of this Court. 4. The accused should not interfere with the witnesses or the course of justice in this case in any way or get involved in any criminal activity. 5. The accused should not move out of their respective homes between the hours of 7pm to 7am. 6. If any of these conditions are breached, unless with good reason, this order for bail will be revoked and the accused will be remanded in custody. NOTE: All these conditions are to apply to each one of the three files (cr33 of 2007, cr34 of 2007 and cr35 of 2007) separately. The Registrar is to convey this order to the Director of Immigration and the Commissioner of Police. I so order. JUDGE D. GASWAGA Dated this 5th day of October, 2007. 3