Feyen v S (A60/2008) [2008] ZAWCHC 16 (5 March 2008)

Feyen v S (A60/2008) [2008] ZAWCHC 16 (5 March 2008)

The appellant failed to discharge the onus of proving that the interests of justice permit his release on bail. His history of fleeing Belgium to avoid serving a sentence, being sought by Interpol, and facing extradition proceedings demonstrate a real risk that he will not stand trial if released. The appellant's selective disclosure and lack of candour in his affidavit further undermine his case. His incentives to remain in South Africa are not compelling, as he previously left family behind in Belgium and has already taken steps to dispose of property. The evidence establishes a clear propensity to commit offences of dishonesty. The magistrate's preference for the investigating...

Citation
[2008] ZAWCHC 16
Parties
Appellant: Paul Feyen; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
5 March 2008
Case Number
A60/2008
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal dismissed; order refusing bail confirmed.
Judges
Webster AJ
Legal Topics
Bail Application, Flight Risk, Propensity to Commit Offence, Onus of Proof, Extradition, Dishonesty Offences
Criminal Law Bail Application Flight Risk Propensity to Commit Offence Onus of Proof Extradition Dishonesty Offences

Case Brief

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Parties

Paul Feyen

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the interests of justice permit the appellant's release on bail.
  2. 2 Whether the appellant is a flight risk.
  3. 3 Whether the appellant has a propensity to commit offences of dishonesty.

Ratio Decidendi

The appellant failed to discharge the onus of proving that the interests of justice permit his release on bail. His history of fleeing Belgium to avoid serving a sentence, being sought by Interpol, and facing extradition proceedings demonstrate a real risk that he will not stand trial if released. The appellant's selective disclosure and lack of candour in his affidavit further undermine his case. His incentives to remain in South Africa are not compelling, as he previously left family behind in Belgium and has already taken steps to dispose of property. The evidence establishes a clear propensity to commit offences of dishonesty. The magistrate's preference for the investigating...

Court Disposition

Appeal dismissed; order refusing bail confirmed.

Orders

  • The appeal is dismissed.
  • The order of the Magistrate refusing bail is confirmed.