R v Sameja & Ors (CR 05/2020) [2020] SCSC 439 (5 February 2020)

R v Sameja & Ors (CR 05/2020) [2020] SCSC 439 (5 February 2020)

The prosecution failed to demonstrate that remand was necessary as stringent bail conditions could address concerns about absconding and interference with witnesses, thus upholding the respondents' right to liberty.

Citation
[2020] SCSC 439
Parties
Applicant: Republic; 1st Respondent: Francisca Sameja; 2nd Respondent: Andre Lesperance; 3rd Respondent: Dominic Dugasse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 February 2020
Case Number
CR 05/2020
Procedural Posture
Criminal / Bail/remand Application
Outcome
Respondents released on bail with stringent conditions.
Legal Topics
Bail, Remand, Drug Offences, Right to Liberty
Source Language
English
Criminal Law Constitutional Law Bail Remand Drug Offences Right to Liberty

Case Brief

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Parties

Republic

Applicant

Francisca Sameja

1st Respondent

Andre Lesperance

2nd Respondent

Dominic Dugasse

3rd Respondent

Procedural Posture

Criminal / Bail/remand Application

Legal Issues

  1. 1 Whether there are compelling reasons to remand the respondents pending trial for drug-related offences
  2. 2 Whether bail conditions can adequately address prosecution concerns

Ratio Decidendi

The prosecution failed to demonstrate that remand was necessary as stringent bail conditions could address concerns about absconding and interference with witnesses, thus upholding the respondents' right to liberty.

Court Disposition

Respondents released on bail with stringent conditions.

Orders

  • Each respondent to pay cash bail of SR110,000.00.
  • Each respondent to provide two sureties, each signing a bond of SR100,000.