Republic v Louise (CO 52 of 2022) [2022] SCSC 1014 (11 November 2022)

D. Esparon, J

1. This is an application for remand of the Accused person pursuant to Section 179 of the Criminal Procedure Code as read with Article 18 (7) of the constitution.
2. The Accused has been charged with the offence of attempt to Murder contrary to and punishable under Section 207 (a) of the Penal Code. The particulars is that he attempted unlawfully to cause the death of Mr Danny Johnas Pierre 52 year old.
3. The second Count he is charged with the offence of act intended to cause grievous harm, contrary and punishable under Section 219 (a) of the Penal Code.
4. The Particulars, unlawfully did harm on the person namely Mr Danny Johnas Pierre causing multiple external and internal injuries into the body of the said Danny Johnas Pierre by an act of stabbing using a knife.
5. The notice of motion is supported by the affidavit of Detective Ms Martina Dugasse who avers in her affidavit that the victim Mr Danny Johnas Pierre is an employee of the night shelter, whereby the Accused was placed there to reside there since he has been deserted by his own family due to an allegation by his family that he has an arrogant attitude towards the family members and others in the community.
6. During the stay at the Night Shelter the Accused developed differences with the victim, which obviously the victim tells the Accused to behave properly with others and follow the rules and regulations of the Night Shelter.
7. On the 28th of October 2022 at around 7 am the Accused started to have a confrontation with the victim with abusive language and the victim reported this incident to the Officer in Charge of the Night Shelter, the victim was advised to make a complaint to the Police.
8. At Around 8 am after completing his duty the victim has gone towards the car parking of the Re-Habitation Centre when he realised someone running behind his back and when he turned around he has seen the Accused running toward him with a knives in both hands.
9. At that point in time the Accused started stabbing the victim continuously on the back side of his body and the right side of the Arm.
10. It is allege that the victim tried his level best to defend himself from the attack of the Accused and the people present at the scene came forward to rescue the victim from the accused.
11. The victim was transferred to the Hospital where he received immediate treatment since he was bleeding heavily at the scene due to multiple injuries sustained to him in this attack.
12. The deponent also avers that the Accused was arrested at the scene by the Police when he was trying to run away over there on the same day at around 8.25 hours on the 28th of October 2022.
13. Based on the above averments, the Republic is moving for the Accused to be remanded in custody on the following grounds;

1. The alleged offences committed by him using dangerous weapons in publicly which amplifies the seriousness of the offence.
2. He became a threat to the vulnerable people in the community, since he has been deserted by his own family due to his arrogant attitude towards the family members and others in the community.
3. To ensure the protection for the victim connected to this case and to maintain the law and order in general in the community.
4. The offences committed are of serious nature which carries a maximum sentence of life imprisonment.
5. That there are substantial grounds to believe that if the Accused person is not remanded and released on bail, he may commit the similar offences on the vulnerable people in the community whiles on bail.

14. The fact the authorities revealed certain personal issues, he is unlawful that each time he talks to the victim who tells him to be quiet in regards to the allegations that people had to intervene to stop him from further assaulting the victim or stabbing the victim. He said that he personally resisted by himself to avoid staring of passer-by since people were passing by.
15. He also denies that he was attempting to run away from the Police. Since the Police was only passer-by and they intervene in the matter.
16. I have considered the pleadings in the natter, the affidavit and also the submission of counsel for the Republic. I have also considered the submissions of the accused in the box and this Court first and foremost reminds itself of the provisions of Article 19 (2) of the Constitution which provides that an Accused person is innocent until he is proven guilty.
17. Article 18 (7) of the Constitution provides a derogation to the right of liberty of the Accused person, that is on specific grounds. And this Court further reiterates that the principle down at Article 18(7) of the Constitution is that the Accused has a right to bail which is the Rule and the exception is his remand. One of the grounds are found to be established under Article 18 (7) of the constitution.
18. In order to consider whether the grounds has been substantiated in the application for         remand, the Court has to first determine as to whether there is a prima facie case against             the Accused person  which was heard in the case of Republic vs Roy Beharry Court of Appeal case
19.  Ex Facie the Affidavit this Court finds that the Applicant which is the Republic in this matter has established a prima facie case against the accused person of which the centre of proof for a prima facie case is not that of beyond reasonable doubt but it is a lot much lower than beyond reasonable doubt.
20. Since at this stage the Republic does not have to prove the guilt of whether the Accused is guilty or not guilty in relation to the charges as narrated against him.
21. I have considered the grounds upon which the republic is relying upon moving the Court to remand the Accused person in custody. This Court finds that the charges of which the Accused person stands charged in the offence of attempted murder, the offence of Act intended to cause grievous harm is of serious in nature since it carries a maximum sentence of life Imprisonment in the event of conviction.
22. Secondly this Court finds that the offence is serious in view of the fact that in the manner that the offence was committed by using a dangerous weapon such as a knife.
23. Furthermore, this Court finds that this Court finds that there are substantial grounds to believe that if the Accused person is not remanded and is released on bail he may commit similar offences whiles on bail in view of the fact that it is allege in the affidavit that the Accused was arrogant and abusive in nature while residing with his family.
24. I say that bearing in mind that as a Judge sitting at the Court of Law that I do warn myself than when hearing the evidence in the main case, I will disregard such allegation as family members averring that the Accused is arrogant and abusive if not proved before the court and also determine on the relevancy at that particular time and the prejudice that will be caused to the accused person at the time of the hearing of the case itself.
25. This Court also finds that although it has not been pleaded as a ground of the affidavit, but ex-facie the affidavit, this Court finds that it has been sufficiently pleaded at paragraph 2 of the affidavit to enable the Court to make a finding that there are reasonable grounds to believe that the Accused may not turn up for his  trial and abscond since it is averred in paragraph 2 of the affidavit of the deponent that the Accused person is now residing at the Shelter since his family has rejected him and now he is homeless with no place of abode and hence this Court finds that there are reasonable grounds to believe that he may not turn up for trial and he may abscond.
26. Furthermore based on the averments of paragraph 2 of the deponent in the affidavit that the Accused was trying to runaway over there on the same day from the Police. I find that the prosecution has adequately substantiated by facts averred in the affidavit that there are reasonable grounds to believe that the Accused may not turn up for trial.
27. Furthermore in view of the violent nature of the commission of crime I also find on the tracks that there are reasonable grounds to believe that in the event the Accused is released on bail he may interfere with witnesses namely the victim in the case.
28. Hence this Court will remand the Accused person in custody.

Signed, dated and delivered at Ile du Port on 11th November 2022.

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D. Esparon, J