R vs Elizabeth (CO 53.2013) [2013] SCSC 142 (16 December 2013)


Criminal Side: 53/2013

[2013] SCSC 142




Heard: 6 December 2013

Counsel: Mr. Thachette, for the Republic

Mr Gabriel for the

Delivered: 16 December 2013

  1. The accused is charged with [1] Trafficking in a Controlled Drug and [2] Cultivation of cannabis plant, offences contrary to the provisions of the Misuse of Drugs Act.

  2. I have considered the submissions from Counsel. In my view Judge de Silva covered the salient points in his earlier ruling on bail. I take into account the circumstances as set out in the originating Affidavit. A considerable quantity of plants, seeds and herbal material was recovered. A substantial amount of currency in various denominations was also seized. The accused was found at the scene.

  3. A reasonable explanation has been provided by Counsel for the Republic for the loss of a quantity of plant material. I take into account the serious nature of these offences and the probable method of dealing with the matter if a conviction was to follow.

  4. I find that there are substantial grounds for believing that if the accused was released on bail he would fail to surrender to custody and appear for trial, commit further offences or otherwise obstruct the course of justice.

  5. The application for bail is rejected.

  6. I order that the accused will continue to be remanded in custody pending trial.

Signed, dated and delivered at Ile du Port on 16 December 2013

Judge of the Supreme Court


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