CRI/APN/76/2007

IN THE
HIGH COURT OF LESOTHO

HELD AT
MASERU

In the
matter between:-

RANTLALI
JOSEPH NKEANE PETITIONER

AND

THE
DIRECTOR OF PUBLIC

PROSECUTIONS
RESPONDENT

JUDGMENT

Delivered
by the Honourable Mr, Justice G.N. Mofolo On the 2nd October, 2007

The
petitioner has applied for bail averring, mainly, that his state of
health is a potential sick and needs treatment to sustain
it. He has
annexed a medical form confirming his state of health. There is also
a medical report by the Superintendent of Queen
II dated 16 February,
2007 as to the petitioner's state of health.

1

In his
petition, the petitioner claims his application for bail was rejected
by this court in CRI/APN/181/06 on 15 July, 2006 on
the ground that
the petitioner is a flight risk in that the petitioner absconded
after the commission of the offence. The petitioner's
application had
also been dismissed in CRI/APN/300/06 wherein the petitioner's state
of health had been raised. According to paragraph
6 of the petition,
the petitioner has been indicted and his case is due to proceed
sometime in March, 2007. He says his condition
has deteriorated to
the extend that he has developed blisters all over the body "unabling
him to eat and medication is not
working" and doctors are not
able to diagnose the petitioner's illness.

At
paragraph 7, the petitioner has also alleged he suffers from epilepsy
and has gone into a coma as the result. The petitioner
ha alleged
this is change of circumstance warranting him to be released to
attend specialist treatment as the local hospital is
ill-equipped.
The application has been opposed by the Director of Public
Prosecutions.

2

The only
reason the petitioner could have this court release him on bail is on
account of his ill-health which requires specialist
treatment in that
Queen II Elizabeth Hospital, according to the petitioner is
ill-equipped with no resources.

I have,
however, looked at the medical report of 16 February, 2006 above and
find that the Superintendent of Queen II Hospital went
fully into the
detainee's state of health including the epilepsy incident which,
according to the doctor, was not reported to prison
authorities for
which "he is not on treatment and has never been". Though
he has been "put on additional treatment
to accelerate his
recovery". The doctor has admitted "Mr. Nkeane is an
asthmatic who has acquired a viral infection and
he gives history of
epilepsy that has not recurred since October, 2006". According
to the doctor, "There is nothing in
his life in danger while on
internment in prison" in that "every case is done to assure
he is accorded attention to his
right to medical care."

3

The
petitioner is facing a very serious case said to be now proceeding.
He is charged with murder and Internal Security Legislation
of arms
and ammunition with a pistol whose numbers are sawed off and an
unlicensed revolver. Since the firearms are claimed to
have been
found on him, he is a most dangerous suspect, not only this, he is
claimed to have "fled after the incident and
couldn't be traced,
as his whereabouts in South Africa were unknown" though he "is
known to have a home in the Republic
of South Africa".
(Paragraph 5 of the Opposing Affidavit).

The court
finds not only has the petitioner not shown the existence of
exceptional circumstances entitling the petitioner to bail,
but that
because of the serious charges the petitioner is facing with the
prospect of long term imprisonment the petitioner if
released on bail
could well abscond and jump his bail to avoid serving long sentences
that may be imposed on him.

4

Accordingly
bail application is refused.

G.N.MOFOLO

JUDGE

For the
Applicant : Mr. Molapo

For the
Crown : Mr. Sealiete

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