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The DPP's certificate objecting to bail met all validity requirements under section 36(2) of the EOCCA, and there is no legal requirement for a seal. The constitutionality of section 36(2) has been upheld by the High Court. Therefore, the court is bound not to grant bail as long as the certificate stands.
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High Court granted bail to two applicants in an economic crime case, finding jurisdiction under EOCCA and imposing strict conditions, including a deposit and passport surrender.
The High Court dismissed a bail application in an economic crimes case, holding that money laundering charges are not bailable and that charge-sheet scrutiny was premature.
Once the DPP's certificate objecting to bail under section 36(2) of EOCCA meets the statutory validity test, the court is precluded from granting bail, and there is no legal requirement for the DPP to provide reasons or prior notice to the applicants.
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The DPP's certificate objecting to bail, validly issued under section 36(2) of the Economic and Organized Crime Control Act, bars the court from granting bail to the applicants regardless of typographical errors in the application or timing of the certificate's filing.
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The DPP's certificate objecting to bail, having met all statutory validity requirements under section 36(2) EOCCA, precludes the court from granting bail regardless of the timing or prior pleadings; the court cannot challenge the certificate's validity once these requirements are met.
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The High Court held that a valid DPP certificate under EOCCA barred bail, but deferred the bail application for further review and set a later hearing date.
High Court bail ruling granting release on strict cash, surety, travel, and reporting conditions in an economic-crimes matter involving prohibited fishing gear.
The Court of Appeal held that the DPP’s certificate objecting bail was valid and binding, and quashed the High Court’s order admitting the respondent to bail.
By virtue of section 36(7) of the Economic and Organized Crime Control Act, the DPP may file a certificate objecting bail in any court with jurisdiction, regardless of whether the case is pending trial; the High Court erred in granting bail as the certificate was valid and binding.
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