Republic v Paul and Others (27 of 2006) [2007] SCSC 52 (17 January 2007)
It is just and fair to grant bail to the accused due to prolonged remand not caused by the accused, subject to stringent conditions.
Source-derived case information.
- Citation
- [2007] SCSC 52
- Parties
- Plaintiff: The Republic; Accused: James Paul; Accused: David Boniface; Accused: Nichol Nioze
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 27 of 2006
- Procedural Posture
- Criminal / Bail Application Order
- Outcome
- Bail granted with conditions
- Legal Topics
- Bail, Remand, Pre Trial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Republic
Plaintiff
James Paul
Accused
David Boniface
Accused
Nichol Nioze
Accused
Procedural Posture
Criminal / Bail Application Order
Legal Issues
- 1 Whether the accused should be granted bail after prolonged remand without trial date
Ratio Decidendi
It is just and fair to grant bail to the accused due to prolonged remand not caused by the accused, subject to stringent conditions.
Court Disposition
Bail granted with conditions
Orders
- Accused to enter a bail bond of Rs. 20,000 with two sureties approved by the Court
- Accused not to leave Seychelles without Court order
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES THE REPUBLIC Plaintiff VS. 1. JAMES PAUL Accused DAVID BONIFACE NICHOL NIOZE Mr. Camille for the Republic Mr. Bonte for the 1st Accused Mr. Hoareau for the 2nd Accused Mr. Ally for the 3rd Accused Gaswaga, J ORDER Criminal Side No. 27 of 2006 This Court has considered the application and submission by Mr. Hoareau on behalf of Mr. David Boniface and the reply thereto by Mr. Camille appearing for the Republic. It is noted that the accused has been in custody (on remand) for a period of over eight months now yet the hearing date has not been fixed. The trial aborted on the 24th November, 2006 when, for no fault of the accused, the police and prison’s authorities failed to produce the accused in Court citing a mix-up of dates. In the circumstances, it is only just and fair that the accused be enlarged on bail. I believe the accused could be controlled by way of imposing stringent conditions on him. Accordingly it is hereby ordered that the accused fulfils the following conditions before he can be released on bail:- 1. The accused should enter a bail bond in the sum of Rs. 20, 000/- with two sureties to be approved by the Court. 2. The accused should not leave the jurisdiction of Seychelles without an order of this Court. 3. 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. 4. The accused should surrender his passport or any travel document issued to him to the Registrar of the Supreme Court before the release order is signed. 5. The accused should report to the nearest police station being the Anse Royale Station every Monday and Friday before midday. 6. If any of these conditions is breached this order for bail will be revoked and the accused will be remanded in custody. The Registrar is to convey this order to the Director of Immigration and the Commissioner of Police. I so order. D. GASWAGA JUDGE Dated this 18th day of January, 2007. 2