Najoe and Others v S (CA&R 23/2011) [2012] ZAECPEHC 34; 2012 (2) SACR 395 (ECP) (25 May 2012)

Najoe and Others v S (CA&R 23/2011) [2012] ZAECPEHC 34; 2012 (2) SACR 395 (ECP) (25 May 2012)

The court found that while the applicant's personal circumstances and community support may indicate he is likely to stand trial and not interfere with witnesses, these factors alone do not constitute exceptional circumstances as required by section 60(11) of the Criminal Procedure Act for schedule 6 offences. The strength of the state's case, including evidence of possession of items belonging to the deceased and pointing out statements, weighs against the applicant. The delay in trial was attributed to court roll congestion, not the fault of either party. The applicant failed to discharge the onus to prove, on a balance of probabilities, that the interests of justice permit his release...

Citation
[2012] ZAECPEHC 34
Parties
Applicant: Justin Najoe; Applicant: Andrico Williams; Applicant: Shannon Waven Shane Mopp; Applicant: Junaid Van Vught; Respondent: The State
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
25 May 2012
Case Number
CA&R 23/2011
Procedural Posture
Urgent Application / Application for Bail Pending Trial
Outcome
Application for bail dismissed.
Judges
N Dambuza
Legal Topics
Bail Application, Exceptional Circumstances, Schedule 6 Offences, Onus of Proof
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Schedule 6 Offences Onus of Proof

Case Brief

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Parties

Justin Najoe

Applicant

Andrico Williams

Applicant

Shannon Waven Shane Mopp

Applicant

Junaid Van Vught

Applicant

The State

Respondent

Procedural Posture

Urgent Application / Application for Bail Pending Trial

Legal Issues

  1. 1 Whether the applicant has established exceptional circumstances justifying release on bail for schedule 6 offences.
  2. 2 Whether the interests of justice permit the applicant's release on bail.

Ratio Decidendi

The court found that while the applicant's personal circumstances and community support may indicate he is likely to stand trial and not interfere with witnesses, these factors alone do not constitute exceptional circumstances as required by section 60(11) of the Criminal Procedure Act for schedule 6 offences. The strength of the state's case, including evidence of possession of items belonging to the deceased and pointing out statements, weighs against the applicant. The delay in trial was attributed to court roll congestion, not the fault of either party. The applicant failed to discharge the onus to prove, on a balance of probabilities, that the interests of justice permit his release...

Court Disposition

Application for bail dismissed.

Orders

  • The application for bail is dismissed.