Republic v Gertrude (40 of 2007) [2007] SCSC 94 (29 July 2007)

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IN THE SUPREME COURT OF SEYCHELLES


THE REPUBLIC

VS.

JEFFREY GERTRUDE (Accused)


Criminal Side No. 40 of 2007



Mr. Esparon for the Republic

Mr. Bonte for the Accused


RULING


Gaswaga, J


The application for bail and the reply thereto or the objection by the prosecution as well as the relevant constitutional provisions have been considered.


The seriousness of the offences of attempting to unlawfully cause the death of another and unlawfully cause grievous harm to another with which the accused is charged still remains diminished. Further, there has been no change in circumstances of the matter at hand to warrant a release of the accused on bail. Instead, given the above reasons, the court believes that there is a high likelihood of the accused jumping bail or interfering with the witnesses or the course of justice generally if enlarged on bail. It has been deposed that the victim is a brother of the concubine of the accused. See R vs. Cliff Emmanuel and R vs. Gerard Kate.


Consequently the application is refused and the accused person further remanded in custody under section 179 of the Criminal Procedure Code, Cap 54 (for fourteen days) to the 13th August, 2007 at 9am.








D. GASWAGA

JUDGE

Dated this 30th day of July, 2007.



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