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Unless the prosecution has pleaded substantial reasons as to why the accused must be remanded, the Court should generally release the accused on bail. On the other hand Counsel for the Republic relies on his Affidavit filed in support of the remand Application dated the 24th day of March All police officers present at the base reacted by running towards the direction of the said car and the said 3 convicts. All the five of them suspected at this scene were restrained by the police and body searched was conducted on all of them. The reasons why the Republic is seeking the remand of the Applicant is contained in the averments of the said deponent at paragraph 19 of the Affidavit and are as follows;. The offence which has been charged against the above said accused persons are serious in nature and contrary to law. There are substantial grounds to believe that if the accused persons are released on bail and not remanded, they are likely to abscond thus obstructing the course of Justice since they are facing serious charges against them in the case. He further submitted that the 2 cases relied on by the prosecution should be distinguished with the present case. He submitted to the Court that there are countless precedents that seriousness of the offence is not a ground on itself but is a consideration and that the bail Application has been made purely based on the basis that the offence is serious. Counsel further submitted that the prosecution is not only relying on the ground of seriousness of the offence but also in view that they are facing serious charges they may obstruct the Course of justice of which they may not turn up in court or influence witnesses. He further submitted to the Court that the averments in the Affidavit clearly shows that the drugs were intended to be supplied to the convict at bois de Rose. Based on the averments in the Affidavit in support of the Remand Application in paragraphs 12, 14 and 16 of the said Affidavit which was relied on by the Republic, this Court finds that the prosecution has proven that there is prima-facie case against the said Applicant Darrel Charles. Based on the above principles, it follows that a person should be released on bail if the imposition of conditions reduces the likelihood that a person will fail to appear for his trial or will interfere with witnesses or will otherwise obstruct the Court of justice or will commit an offence while on release under Article 18 7 c to such an extent that they become negligible, having regard to the weight that the presumption of innocence carry in the balance. The recommended sentence for such an offence relating to a class A drug of more than grams to grams is a sentence of 12 to 15 years imprisonment in the event of Conviction. This Court finds that such an offence, the way it was allegedly committed is viewed by this Court to be serious. This is because there is an aggravating factor present in view that the controlled drug was destined to a facility which is administered by the prison service or in its vicinity. Furthermore, it is apparent in the said Affidavit that the said controlled drug was allegedly imported into Seychelles in the first place. Download PDF 2. Report Report a problem. Table of contents Search. Navigate document. The reasons why the Republic is seeking the remand of the Applicant is contained in the averments of the said deponent at paragraph 19 of the Affidavit and are as follows; I.

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