CRI/APN/473/92

IN THE
HIGH COURT OF LESOTHO

In the
matter between:

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

For 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 ammunition had been expended, yet a 9mm
pistol and 12 rounds of ammunition were

allegedly
found in his vehicle. It may well be however, as Miss Nku submits,
that he was in possession of two firearms. Furthermore,
the aspects
of whether or not he was in custody and '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 discharging
a firearm
at them. There is nothing more than a

2

blank
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 am
satisfied that
it is likely that he will abscond if granted bail. I am satisfied
that to grant bail would be likely to prejudice
the administration of
justice. Accordingly the application for bail is refused.

Delivered
at Maseru this 19th Day of December. 1992.

B.P.
CULLINAN

CHIEF
JUSTICE