Republic v Charles (77 of 2007) [2009] SCSC 114 (8 March 2009)

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HR|Liberty

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.



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