Republic v Paul and Others (27 of 2006) [2007] SCSC 52 (17 January 2007);

Flynote: 
Download: 

1

IN THE SUPREME COURT OF SEYCHELLES

 

THE REPUBLIC Plaintiff

VS.

  1. JAMES PAUL Accused

  2. DAVID BONIFACE

  3. NICHOL NIOZE

Criminal Side No. 27 of 2006

 

 

Mr. Camille for the Republic

Mr. Bonte for the 1stAccused

Mr. Hoareau for the 2ndAccused

Mr. Ally for the 3rdAccused

 

ORDER

 

Gaswaga, J

 

This Court has considered the application and submission by Mr. Hoareau on behalf of Mr. David Boniface and the reply thereto by Mr. Camille appearing for the Republic. It is noted that the accused has been in custody (on remand) for a period of over eight months now yet the hearing date has not been fixed. The trial aborted on the 24thNovember, 2006 when, for no fault of the accused, the police and prison’s authorities failed to produce the accused in Court citing a mix-up of dates.

 

In the circumstances, it is only just and fair that the accused be enlarged on bail. I believe the accused could be controlled by way of imposing stringent conditions on him. Accordingly it is hereby ordered that the accused fulfils the following conditions before he can be released on bail:-

  1. The accused should enter a bail bond in the sum of Rs. 20, 000/- with two sureties to be approved by the Court.

 

  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 surrender his passport or any travel document issued to him to the Registrar of the Supreme Court before the release order is signed.

 

  1. The accused should report to the nearest police station being the Anse Royale Station every Monday and Friday before midday.

 

  1. If any of these conditions is breached this order for bail will be revoked and the accused will be remanded in custody.

 

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 18thday of January, 2007.