BAIKEPI v.
THE STATE 1984 BLR 67 (HC)
Citation: 1984 BLR 67 (HC)
Court: High Court,Lobatse
Case No:
Judge: Isaacs Ag J
Judgement Date: May 15, 1984
Counsel: G. R. Gareebine for the appellant.R. E. K. Somolekae, State Counsel, for the State.
Flynote
Criminal procedure - Bail - Application for bail pending appeal - Grounds for refusing application - Possibility of accused
not G standing trial - Likelihood of accused being convicted.
Headnote
The accused was convicted of rape by a magistrate. His counsel applied for bail pending the hearing of the appeal. The
magistrate refused to grant the application. On appeal against the refusal, counsel for the appellant submitted that there
was a reasonable prospect of the appeal succeeding. H
Held allowing the appeal: as a general rule, bail should not be refused unless there was a reasonable possibility that the
accused would not stand trial or there was a likelihood that he would be convicted, otherwise bail should be granted
because the liberty of the subject was of great importance. In the instant case, bail should be granted because it
appeared that the appellant was not likely to abscond before his appeal was
1984 BLR p68
decided. State v. Gopolang Mackenzie 1968-70 B.L.R. 308 and State v. Stanley Matenge 1975 (1) B.L.R. 110 cited. A
Cases referred to:
(1) State v. Gopolang Mackenzie 1968-70 B.L.R. 308,
(2) State v. Stanley Matenge 1975 (1) B.L.R. 110 .
Case Information
APPEAL against a refusal of a magistrate to grant bail pending appeal on a conviction of the crime of rape. The B facts
are sufficiently stated in the judgment.
G. R. Gareebine for the appellant.R. E. K. Somolekae, State Counsel, for the State.
Judgement
Isaacs AG. J. This is an appeal against the senior magistrate's refusal of bail. The appellant had been convicted of the
crime of rape. Counsel for the appellant has submitted that there is a reasonable prospect of the appeal succeeding.
That has been an important factor.
As a general rule set out in this court, bail should not be refused unless there is a reasonable possibility that the accused
will not stand trial or there is a likelihood that he will be convicted, otherwise bail should be granted D because the liberty
of the subject is of great importance.
The application for bail is very much like the application de homine libero exhibendo, the Roman-Dutch law equivalent to
the English law of writ of habeas corpus, in so far as the liberty of the subject is concerned. Our courts have discussed
applications for bail in cases such as State v. Gopolong Mackenzie 1968-70 B.L.R. 308 E and State v. Stanley Matenge
1975 (1) B.L.R. 110 .
In the present case I think his counsel has argued that there is a reasonable prospect of success in the appeal. I am not
making any decision as to the result of the appeal. Also it appears that the appellant is not likely to abscond before his
appeal is decided. In the circumstances, I think bail should be granted in the sum of P500,00 F (five hundred pula) on
his own recognisance on the following conditions:
(1) that he surrenders his passport and all other travelling documents to the police;
(2) that he reports to the Lobatse Police Station every Wednesday between the hours of 8.00 a.m. and 1.00 p.m.; G
(3) that he will attend the hearing of the appeal when he is called upon to do so.
Appeal allowed.
E. K. T. H
