IN THE HIGH COURT OF LESOTHOIn the matter
SIPHO MATSAU APPLICANT
DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT
Before the Honourable Chief Justice Mr. Justice B.P.
Cullinan on the 19th day of December. 1992.
For the Applicant : Mr. K. Mohau
the Respondent : Miss N. Nku, Crown Counsel
JUDGMENT I have earnestly considered the
submissions from both sides.
Difficulties arise when one considers that the applicant
discharged his firearm and was captured after his
been expended, yet a 9mm pistol and 12 rounds of
allegedly found in his vehicle. It may well be however,
Nku submits, that he was in possession of two
Furthermore, the aspects of whether or not he was in
'whether any such custody was lawful arise.
At the end of the day, however, there is the averment
that he was pursued by police officers and that he avoided arrest by
a firearm at them. There is nothing more than a
denial in the matter by the applicant.
Prima facie that discloses an intent by the applicant to
resist arrest or to escape from custody. In all the circumstances I
that it is likely that he will abscond if granted bail.
I am satisfied that to grant bail would be likely to prejudice the
of justice. Accordingly the application for bail is
Delivered at Maseru this 19th Day of December. 1992.
B.P. CULLINAN CHIEF JUSTICE
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