R vs Barra (CR 12.2014) [2014] SCSC 214 (23 June 2014);

Flynote: 

 

Order

Burhan J

[1]               I have considered the application made by learned counsel for the accused in respect of bail.

[2]               The accused has been charged with Trafficking in a controlled drug namely Heroin with a total net weight 4.99 of grams and having a total heroin content of 2.14 grams.

[3]               The main ground urged by learned counsel in his submissions was that the quantity was not large and therefore the offence was not of a serious nature and therefore the accused could be released on bail.

[4]               It is to be noted that the controlled drug in this instant case is a Class A drug which attracts a penalty of 20 years imprisonment. This in itself indicates the seriousness of the offence with which the accused has been charged with. This is further aggravated by the deleterious and dangerous impact this particular controlled drug Heroin has on society specially the younger generation.

[5]               It is apparent that the accused was an ex NDEA (National Drug Enforcement Agency) officer which is an aggravating factor in this case. All the witnesses in this case are NDEA officers and therefore considering the serious nature of the charge, there exists a strong possibility of the accused, if released on bail of attempting to interfere with the witnesses and with the course of justice.

[6]               Therefore the application for bail is declined.

 

Signed, dated and delivered at Ile du Port on 23 June 2014

M.Burhan

Judge of the Supreme Court