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Republic v Charles (77 of 2007) [2009] SCSC 114 (08 March 2009);
IN THE SUPREME COURT OF SEYCHELLES
THE REPUBLIC
VS.
DANIEL CHARLES (Accused)
Criminal Side No. 77 of 2007
Mr. Durup for the Republic
Mr. D. Lucas for the Accused
RULING
Gaswaga, J
This is an application for the release on bail where Mr. D. Lucas submitted to Court that he was reiterating the earlier grounds raised in a similar application. That application was ruled on by the Court. The prosecution has objected to the application and instead seeks a renewal of the extension of remand in custody of the accused person.
Bail is a constitutional right which should only be limited or curtailed according to law. See Article 18(7) of the Constitution. The accused stands charged with the offence of trafficking in a controlled drug which is currently rampant in our society and considered to be of a serious nature by this Court. See Rep vs. Gerard Kate and Rep vs. Maxwell Duval. I have not seen any reason to warrant the release of the accused person on bail at this point in time. The seriousness of the offence herein has not diminished even with the passage of time.
Accordingly, bail is denied and the accused further remanded under Section 179 of the Criminal Procedure Code.
D. GASWAGA
JUDGE
Dated this 9th day of March, 2009.