R v Stravens (CO 50/2018) [2018] SCSC 807 (06 September 2018);

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side: CO 50/2018

 [2018] SCSC 807

 

THE REPUBLIC

versus

DANNY STRAVENS
Accused

 

 

Heard:                         6 September 2018

Counsel:                      Ms. Almeida for the Republic

Delivered:                   6 September 2018

 

ORDER

Twomey CJ

 

[1]       The Accused Danny Starvens, has been charged the following offence;

i.  Sexual assault contrary to section 131 as read with section 130(2)(d) and section 130 (3)(b)of the            Penal Code and punishable under section 130 (1) of the Penal Code.

[2]       I have considered the Submissions of Learned Counsel, bail is a right under the Constitution but can be denied if there are compelling circumstances warranting the Accused to stay on remand as are provided for in article 18(7) in the Constitution.

[3]       In this case the Prosecution has acquiesced to the Accused being granted bail. I therefore admit him to bail on the following conditions;

i.    The Accused should deposit cash bail of 50, 000 rupees. He should also provide two sureties to be approved by the Court. Each will sign a bond 25, 000 rupees (not cash).

ii.   The Accused should not leave the jurisdiction of Seychelles without an order of this Court.

iii. The Accused should not interfere with the witnesses of the course of justice in this case in any way or get involved in any criminal activity.

iv.  The Accused should surrender his passport or any travel documents in his possession to the Registrar of the Supreme Court before the release orders signed and he should not apply for any passport if he does not have any.

v.     If any of these conditions is breached this order for bail will be revoked and the Accused will be remanded into custody at Bois de Rose until 20 September 2018 at 2pm.

[4]       The Registrar is to convey this order to the Director of Immigration and the Commissioner of Police.

[5]       I so order.

 

Signed, dated and delivered at Ile du Port on 6 September 2018.

M. Twomey

Chief Justice of the Supreme Court