CRI/APN/426/05

IN THE HIGH COURT OF LESOTHO

In the matter between:

LETLALA 'MABATHOANA 1st APPLICANT

MOLOI RALENTSOE 2nd APPLICANT

V

DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT

RULING

Delivered by the Honourable Acting Judge M. Mahase On the 28th September, 2005

This is an application wherein the applicants apply to be released on bail.

They are presently detained at Berea Prison, awaiting trial.

They are charged with having committed three crimes of armed robbery and one crime of attempted murder.

These crimes are alleged to have occurred in July 2005. The property allegedly stolen by using force and violence includes;

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among others, the sum of M39,000.00, cellular phones; a .38 revolver and 4 rounds of ammunition and a Toyota Hi-lux raider vehicle. Four complainants are alleged to have been involved herein.

The issues or arguments raised in this application are the same in all respects to those raised in CRI/APN/425/2005 wherein only 1st applicant had applied for release on bail.

The only difference in the present application is that there are now two respondents as shown above. Otherwise the issues raised, the argument and the authorities cited are the same. The only difference is also that the number of complainants and the property involved has increased substantially.

In order to avoid repetition, I will incorporate my reasons in CRI/APN/425/2005 into this present application.

It is however clear to this court that the applicants had in that month of July engaged themselves in committing a spate of armed robberies in the Berea district.

The applicants have undertaken to stand trial and not to interfere with crown witnesses. They have also suggested that the other bail condition be that they be ordered to report at Mabote Police Station and Lithoteng Police Station.

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The crown has not seriously objected to any of the suggested bail conditions including that the bail cash deposit be fixed at M250.00.

I find this last condition unsatisfactory regard being had to the contents of paragraph 22 of the respondent's head of argument.

If indeed the crown is serious in its objection to this application it should have addressed the issue of the suggested bail cash deposit seriously.

Nothing at all has been said by the crown in this regard. One wonders if the sum of M250.00 is enough to make one feel that one should stand trial.

This court also realizes that the crown has not in anyway supported its fear that if released on bail, the applicant will probably not stand trial. It is not enough to merely state this fact without giving the basis for such a fear.

Indeed these are very serious crimes, and the crown may have a very strong prima facie case against the applicants, but that alone is not the ground upon which bail may be refused in the absence of anything concrete indicating that the applicants will abscond and not stand their trial.

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For the foregoing reasons, I have come to the conclusion that the applicants have on a balance of probabilities made a case for their release on bail. The application is accordingly granted as prayed on the notice of motion except that the bail cash deposit is fixed at M2,000.00 (Two Thousand Maloti).

M. MAHASE (MRS

ACTING JUDGE

FOR APPELLANT : Mr. Lekokoto

FOR CROWN : Mr. Peete

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