Republic v Dodin and Another (33 of 2007) [2007] SCSC 103 (4 October 2007)


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IN THE SUPREME COURT OF SEYCHELLES


THE REPUBLIC

VS.

  1. DAVIS DODIN

RICKY OTAR


Criminal Side No. 33 of 2007

Criminal Side No. 34 of 2007

Criminal Side No. 35 of 2007



Mr. Durup standing in for Mr. Esparon for the Republic

Mr. Herminie for the 1st accused

Mrs. Antao for the 2nd accused


ORDER


Gaswaga, J


The accused persons have been on remand for some time now and as the record shows, Mr. Durup for the prosecution is applying for their continued detention but has adduced no reasons. He has made reference to an earlier affidavit which is even defective. Mr. Herminie and Mrs. Antao are vehemently opposing the application.


The Court summoned the complainants in all the cases but they did not turn up. They were not served and no return was filed. This cannot be visited on the accused persons who are innocent until proven guilty as per our Constitution.


Accordingly, the accused persons are admitted to bail on the following conditions:

  1. The accused should pay a sum of SR. 5, 000/- CASH in the Registry of the Supreme Court.


  1. The accused should each present two sureties to be approved by the Court. They will sign a bond of SR. 10, 000/- each.



  1. The accused should not leave the jurisdiction of Seychelles without an order of this Court.



  1. The accused should not interfere with the witnesses or the course of justice in this case in any way or get involved in any criminal activity.


  1. The accused should not move out of their respective homes between the hours of 7pm to 7am.



  1. If any of these conditions are breached, unless with good reason, this order for bail will be revoked and the accused will be remanded in custody.



NOTE: All these conditions are to apply to each one of the three files (cr33 of 2007, cr34 of 2007 and cr35 of 2007) separately.


The Registrar is to convey this order to the Director of Immigration and the Commissioner of Police.


I so order.






D. GASWAGA

JUDGE

Dated this 5th day of October, 2007.



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