Lawyers told to study cases well

By ZEDAIAH KANAU
A JUDGE has called on defence lawyers acting on behalf of their clients in bail applications to carefully study case judgements when trying to raise grounds for bail as to not waste judicial time.
Justice Panuel Mogish presiding in the Bomana National Court yesterday made the remarks when rejecting a bail application by a man charged with raping his cousin.
The man’s (name withheld) reasons for bail were; it was his right to be bailed, he was the sole provider for his family, a first time offender and he needed to seek employment.
The Sate lawyer said the alleged offence consisted of a serious assault, a threat of violence and the reasons did not amount to exceptional circumstances.
Justice Mogish agreed with the State lawyer and rejected the man’s bail. “All the grounds advanced by the applicant individually or collectively do not amount to exceptional circumstances,” he said.
Justice Mogish said the grounds had been addressed in other Supreme Court authorities.
“I urge counsels to read these authorities before applying for bail,” he said.
“It is a waste of judicial time and energy to deal with bail applications that continue to raise grounds that the court have reiterated do not amount to exceptional circumstances.”
It was alleged that on Nov 1 last year between 9pm and 10pm, the man and the victim were at Sabusa village in Central and went to the swamp to catch fish.
They allegedly went to a private area after setting their fishing nets and made fire and sat there.
The victim felt tired and slept.
The man allegedly began groping her breast causing her to wake up.
They then went back to their fishing spot but the man allegedly tackled and pinned her to the ground and removed her shorts and raped her.
It was alleged that she screamed for him to let her go but he refused.
After raping her, he threatened her to remain quiet.
The victim reported the incident to her aunt and the man surrendered to police.