HIGH COURT OF LESOTHO
'MABATHOANA 1st APPLICANT
RALENTSOE 2nd APPLICANT
OF PUBLIC PROSECUTIONS RESPONDENT
by the Honourable Acting Judge M. Mahase On the 28th September, 2005
an application wherein the applicants apply to be released on bail.
presently detained at Berea Prison, awaiting trial.
charged with having committed three crimes of armed robbery and one
crime of attempted murder.
crimes are alleged to have occurred in July 2005. The property
allegedly stolen by using force and violence includes;
others, the sum of M39,000.00, cellular phones; a .38 revolver and 4
rounds of ammunition and a Toyota Hi-lux raider vehicle.
complainants are alleged to have been involved herein.
issues or arguments raised in this application are the same in all
respects to those raised in CRI/APN/425/2005 wherein only
applicant had applied for release on bail.
difference in the present application is that there are now two
respondents as shown above. Otherwise the issues raised,
and the authorities cited are the same. The only difference is also
that the number of complainants and the property
to avoid repetition, I will incorporate my reasons in
CRI/APN/425/2005 into this present application.
however clear to this court that the applicants had in that month of
July engaged themselves in committing a spate of armed
the Berea district.
applicants have undertaken to stand trial and not to interfere with
crown witnesses. They have also suggested that the other
condition be that they be ordered to report at Mabote Police Station
and Lithoteng Police Station.
has not seriously objected to any of the suggested bail conditions
including that the bail cash deposit be fixed at M250.00.
this last condition unsatisfactory regard being had to the contents
of paragraph 22 of the respondent's head of argument.
the crown is serious in its objection to this application it should
have addressed the issue of the suggested bail cash
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
court also realizes that the crown has not in anyway supported its
fear that if released on bail, the applicant will probably
trial. It is not enough to merely state this fact without giving the
basis for such a fear.
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
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).
APPELLANT : Mr. Lekokoto
: Mr. Peete
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