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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