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CRI/APN/128/92
IN THE HIGH COURT OF LESOTHO
In the Application of:
'MASEHLOHO KAO . Applicant
and
DIRECTOR OF PUBLIC PROSECUTIONS... Respondent
JUDGMENT
Delivered by the Hon. Mr. Justice B.K. Molai on the 29th day of June, 1992.
The applicant herein moves the court for an order releasing her on bail pending trial. The Respondent has filed a notice of intention to oppose the granting of the order. Affidavits have been duly filed by the parties.
It is common cause from the affidavits that the applicant is a civil servant attached to the Ministry of Foreign Affairs in the Government of Lesotho. On 16th March, 1992 she was arrested, detained and subsequently charged of contravening S.3 (l)(c) of the Official Secret Act, 1967 it being alleged, inter alia that she had communicated the contents of a secret file relating to the A.N.C. and P.A.C. to a certain police officer by the name of Jankie of the' South African Police
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Force. On 18th March, 1992 the applicant appeared before a magistrate and confessed to have committed the offence, against which she stands charged, for consideration that the South African Police authorities would finance her sickly child's medical treatment in one of the hospitals in the Republic of South Africa.
According' to her, the applicant made the purported concession under coercion. Its admissibility is, therefore, disputed. She is desirous of being released on bail and undertakes to abide by all the conditions that may be imposed by the court. She is a citizen of Lesotho, has a valid Lesotho passport and a family in Lesotho. The possibility of her absconding out of the jurisdiction of the court and failing to stand her trial is, therefore, out of question.
The Respondent denies that when she went to the magistrate and confessed to have committed the offence against which she stands charged any coercion was exerted upon the applicant, who did so freely and voluntarily. The charge which the applicant is facing carries a maximum penalty of 14 years and it is, therefore, a very serious one. If she were to be released from detention, the temptation would be too great tor the applicant to jump bail and abscond out of the jurisdiction of the court rather than stand trial and face the possibility of a Long term of imprisonment. Her relationship
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with the South African Police on the other side of the boarder will make it very easy for the applicant to abscond out of the jurisdiction of the court and thus frustrate proper administration of just in this country. Consequently the Respondent strongly opposed the order for the applicant's release on bail.
As it was said by Mofokeng, J. in Soola v. Director of Public Prosecutions, l98l(2) LLR 277 at pages 280 et seq:
"The main principles governing the granting of bail are that the courts must hold the interests of justice: The court will always grant bail where possible and lean in favour and not against the liberty of the subject provided the interests of justice are not thereby prejudiced. The court's duty is to balance these interests."
Although the applicant has assured the court that if released on bail she will not abscond and fail to stand her trail, the Respondent is of the opinion that both the seriousness of the sentence, likely to be imposed upon conviction, and her relationship with the South African police pose a risk of the applicant absconding out of the jurisdiction of the court and failing to stand trial if released on bail.
I have weighed carefully all these averments and am
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convinced that if she were to be released on bail the risk of the applicant absconding and failing to stand her trial does exist with the inevitable prejudice to proper administration of justice in this country.
In the circumstances I have no alternative but to come to the conclusion that this application ought not to succeed and it is accordingly dismissed.
JUDGE
29th June, 1992.
For Applicant : Mr. Phoofolo For Respondent: Miss Morojele.