R vs Ladouceur and another (CO 17.2014) [2014] SCSC 140 (16 April 2014);

 

Order

McKee J

[1]               The first and Second Accused make an application for bail through their counsel Mr. Basil Hoareau. I have considered the submission of both counsel.

[2]               I have considered the prima facie evidence in the Affidavit and it shows an interlinking and potential involvement of both accused in the charges.

[3]               There is argument about the amount of drugs involved. The amount of heroin is approximately double the 2 gram limit. However, in my view the main factor to take into account is that there is prima facie evidence of 9 separate packets of the brown substance suspected of being heroin. Hence, the information shows that the offences are serious and involvement at this stage of both accused. In this light in respect of both accused I have to take into account the possible of method of dealing with the case and of substantial penalties if there are findings of guilt.

[4]               It is important for the proper determination of the case that both accused are available for trial. With these matters in mind I find there are substantial grounds for believing one or both accused may fail to surrender for trial. Bearing in mind the offences and circumstances there are also substantial grounds for believing that one or both accused may commit further offence if on bail.

[5]               Consequently I refuse the application for bail in respect of each accused.

[6]               Both accused will be remanded in custody.

 

Signed, dated and delivered at Ile du Port on 16 April 2014

C Mckee

Judge of the Supreme Court