Omotoso v S (CC15/2018)
Omotoso v S (CC15/2018) [2020] ZAECPEHC 43 (4 November 2020)
The court held that it was not competent to investigate delays under section 342A(1) as it was not seized with the main trial; such investigation must be conducted by the trial court. Regarding bail, the applicant failed to establish genuinely new facts or exceptional circumstances. Most alleged new facts were either previously available or irrelevant to the bail inquiry. The applicant's prohibited immigrant status increased his flight risk, as he and his family could be deported and lacked substantial ties to South Africa. The seriousness of the charges and potential sentence further incenti…
Source excerpt
- Bail Application
- Exceptional Circumstances
- Flight Risk
- Prohibited Immigrant Status
- Witness Intimidation
- Covid 19 Prison Risk