Senatla v Director of Public Prosecutions (CRI/APN/191/2004)

Case No: 
CRI/APN/191/2004
Media Neutral Citation: 
[2004] LSHC 98
Judgment Date: 
19 August, 2004

Downloads

CRI/APN/191/2004

IN THE HIGH COURT OF LESOTHO


In the matter between:

PHEELLO SENATLA PETITIONER

And

DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT


JUDGMENT


Delivered by the Honourable Mr Justice T. Nomngcongo on the 19th day of August 2004


This is an application for release on bail The accused is charged with robbery and attempted murder. This application is opposed by the crown.


The offences that the accused is charged with attracts the provisions of section 109A of the Criminal Procedure and Evidence Act No. 10 of 2002. The applicant having been given an opportunity to do has an onus to show that exceptional circumstances exist which render it in the interests of justice that he be released on bail. The evidence that the applicant has to place before the court must be one with a purpose and that purpose is that exceptional circumstance exist with respect to the applicant. He must go further after that. Exceptional as those circumstances may be, they may not of themselves entitle the applicant to release on bail. They must be of such a nature that it is in the interests of justice that an applicant be released on bail. Of necessity therefore it is not enough to merely posit facts about the applicant's circumstance without elaboration.


In the instant case, the applicant has this to say in motivation of his application:


  1. "Your petitioner denies having been involved in the crime preferred against him".

  2. "Your petitioner is the sole bread-winner for the wife and the children"

  3. Your petitioner is desirous of being admitted on (sic) bail to bury one of his children".


2


What the applicant has done is simply to deny commission of the offences and to clamp down afterwards. He then goes on to recite some quite mundane circumstances about himself. We are told nothing exceptional about them. He has failed to cross the first hurdle that of showing exceptional circumstances. It is thus unnecessary to even consider whether they would entitle him to release in the interests of justice.


In those circumstances I am enjoined by law to keep him in custody until the law has taken its course.


Bail is refused.


T. NOMNGCONGO

JUDGE


For Petitioner : Mr Pitso

For Respondent : Ms Makoko


3