R v Daniel (CO 25/2015) [2015] SCSC 124 (28 April 2015);

 

 

 

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 25/2015


[2015] SCSC 124

 


THE REPUBLIC


versus

 

DANIEL ISAAC
Accused

 

 

Heard:

Counsel: Ms Lansinglu, Assistant Principal State Counsel for the Republic
Mr Gabriel for the accused


Delivered: 28 April 2015
 

RULING

Dodin J


[1] Learned Counsel for the Republic moved the Court to remand the Accused, Daniel Isaac, into custody pending trial on account of seriousness of the offence which carries a mandatory minimum sentence of 16 years imprisonment and the contention that such
offences are on the rise and the possibility of the Accused absconding or obstructing the course of justice.

[2] Learned Counsel [or the Accused objected to the application to remand the Accused on account of there being no compelling reason to remand the Accused into custody,considering that the amount of drug in question is only 41.1 grams of a Class B drug and there is no evidence to support the contention that the Accused would abscond or interfere with the course of justice.

[3] The Accused is charged with one count of trafficking in 41.1 grams of Cannabis resin which was allegedly found in his possession giving rise to the rebuttable presumption that he had the said drug for the purpose of trafficking.

[4] I have considered the submissions of both learned counsels and read the affidavit of Agent Terrence Dixie dated 21 51 April 2015.


[5] I agree with the submission of learned counsel for the Accused that the affidavit does not disclose any ground to believe that the Accused may abscond or interfere with the course of justice, considering that all the potential witnesses are NDEA officers.

[6] Considering also that the drug in question is a Class B drug and the amount is not on the high side, I find no compelling reason to remand the Accused into custody pending trial in the circumstances.

[7] I therefore release the Accused on bail with the following conditions:


(1) He shall not leave the jurisdiction without an Order of the Court. He shall submit any travel document that he may have to Court.

(2) Immigration Authorities shall not issue him with any new travel document or allow him to leave the jurisdiction without and Order of the Court.

(3) He shall enter into a bail bond in the sum of Rs30,000 with 2 sureties and deposit a cash bail in the sum of Rs20,000.

(4) He shall ensure that he is present in Court whenever required. (5) He shall not commit any similar offence whilst on bail.

 

[8] Any breach of the above conditions shall result in bail being forfeited.

 

 

Signed, dated and delivered at Ile du Port on 28 April 2015

 

 


G Dodin
Judge of the Supreme Court