{"id":1057068,"date":"2026-06-07T00:07:09","date_gmt":"2026-06-06T22:07:09","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/supreme-court-of-mauritius-12-mai-2020-2020-brc-138-police-v-louis-christopher-jonathan-thomas\/"},"modified":"2026-06-07T00:07:09","modified_gmt":"2026-06-06T22:07:09","slug":"supreme-court-of-mauritius-12-mai-2020-2020-brc-138-police-v-louis-christopher-jonathan-thomas","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/en\/jurisprudences\/supreme-court-of-mauritius-12-mai-2020-2020-brc-138-police-v-louis-christopher-jonathan-thomas\/","title":{"rendered":"Supreme Court of Mauritius, 12 mai 2020, 2020 BRC 138 – Police v Louis Christopher Jonathan Thomas"},"content":{"rendered":"
\n
\n

Police v Louis Christopher Jonathan Thomas<\/p>\n

2020 BRC 138<\/p>\n

IN THE BAIL AND REMAND COURT<\/p>\n

Provisional Cause Number 541\/2020 (Pamplemousses)<\/p>\n

In the matter of:<\/p>\n

Police<\/p>\n

v\/s<\/p>\n

Louis Christopher Jonathan Thomas<\/p>\n

RULING<\/p>\n

The Applicant stands provisionally charged with the offence of UNAUTHORISED ACCESS TO COMPUTER DATA in breach of Sections 2 & 3 (1) (2) of the Computer Misuse and Cybercrime Act. The Applicant has moved that he be admitted to bail and the proceedings were held in Creole language for the benefit of the Applicant who was represented by Me. A.Jugoo at the bail hearing. In light of both the Covid 19 pandemic situation and the lockdown situation prevailing in Mauritius, all parties were present via video call and they had no objection that the matter be heard via video call and for all documents to be communicated electronically.<\/p>\n

The Respondent is resisting the motion and is objecting that the Applicant be granted bail on the following ground:<\/p>\n

(1) Risk of re-offending<\/p>\n

The CASE FOR THE PROSECUTION<\/p>\n

PS 9756 Beedoye, the main enquiry officer was called by the Prosecution and he explained that he had been deputed by the Commissioner of the police to resist the<\/p>\n

present bail application on the above mentioned ground of objection. He explained that on 6 th March 2020, the Declarant made a declaration to the effect that between the periods 2 nd March 2020 and 4 th March 2020, on six occasions a sum total of Rs 12, 500 was withdrawn from his bank account without his authorisation through the ATM. The Applicant was suspected and after his arrest and questioning he confessed to having committed stolen the ATM card of the Declarant and withdrawn money on at least 2 occasions. The main enquiry officer further explained that the police enquiry was not completed and that a request had been made to the bank on 16 th March 2020 regarding all the bank transactions made from the Declarant\u2019s bank account. The record of previous convictions of Applicant was sent through WhatsAap and the main enquiry officer stated that the Applicant is borne on record for non- cognate offences and that he was on bail for a larceny offence when he was arrested for the present offence and filed the relevant document (Doc A).<\/p>\n

In cross examination the main enquiry officer stated that he could not say when the main case would be lodged and he confirmed that the Applicant had never jumped bail in the past. The case was then closed for the Prosecution.<\/p>\n

THE CASE FOR THE DEFENCE<\/p>\n

The Applicant was explained his Constitutional Rights and he elected to make a statement from the Dock. He stated that he will respect all bail conditions and the case was closed for the Defence. Defence Counsel submitted briefly on the possibility of the confinement period being extended and that the Applicant had never jumped bail.<\/p>\n

The RELEVANT SECTIONS OF THE LAW<\/p>\n

In the case of Hurnam v The State [2005 UKPC 49], the Privy Council held that only section 4(1) (a) of the 1999 Act specifies the core reasons for refusing bail. Individually, they are to be considered to provide a conclusive reason for refusing bail. Section 4(1)(a) of the Bail Act 1999 reads as follows:<\/p>\n

4. Refusal to release on bail<\/p>\n

(1) A Judge or a Magistrate may refuse to release a defendant or a detainee on bail where (a) (a) he is satisfied that there is reasonable ground for believing that the defendant or detainee if released is likely to \u2013 (i) (i) fail to surrender to custody or to appear before a court as and when required (ii) (ii) commit an offence, other than an offence punishable only by a fine not exceeding 1000 rupees (iii) (iii) interfere with witnesses, tamper with evidence or otherwise obstruct the course of justice, in relation to him or to any other person.<\/p>\n

Secondly, as regards to paragraphs 4 (1)(b) to (f) of the Bail Act which are not compelling grounds or core reasons per se to deprive an individual of his liberty but, if relevant, the court need to take into account in order to determine the likelihood of the risks listed in section 4(l)(a) to materialise. The section of the Bail Act 1999 provides as follows:<\/p>\n

(1) A Judge or a Magistrate may refuse to release a defendant or a detainee on bail where-<\/p>\n

(b) he is satisfied that the defendant or detainee should be kept in custody – (i) for his own protection; or (ii) in the case of a minor, for his own welfare; (c) the defendant or detainee, having been released on bail, has \u2013 (i) committed an act referred to in paragraph (a); or (ii) breached any other condition imposed on him for his release: (d) the defendant or detainee is charged or is likely to be charged with a serious offence; (e) there is reasonable ground for believing that the defendant or detainee has – (i) given false or misleading information regarding his names or address; or 5 (ii) no fixed place of abode; (f) a detainee has failed to comply with section 12(2).<\/p>\n

Thirdly, a set of consideration is provided under section 4(2) of the Bail Act 1999 to assess the likelihood of the risks enumerated under section 4(l) (a) to materialise. This section provides that:<\/p>\n

In making a determination under subsection (1), the Judge or Magistrate shall have regard to such considerations as appear to the Judge or Magistrate to be relevant, including \u2013<\/p>\n

(a) the nature of the offence and the penalty applicable thereto; (b) the character and antecedents of the defendant or detainee; (c) the nature of the evidence available with regard to the offence.<\/p>\n

Hence, the wording of section 4(1) of the Bail Act 1999 makes it clear that release on bail at pretrial stage is the release upon conditions designed to ensure that the suspect:<\/p>\n

(1) appears for his trial, if he is eventually prosecuted; (2) in case he happens to be the author of the offence of which is he suspected, does no further harm to society whilst being at large; and (3) does not interfere with the course of justice, should he be so minded.<\/p>\n

The rationale as to bail was clearly set out in the case of Maloupe v The District Magistrate of Grand Port [2000] SCJ 233, where it was held as follows:<\/p>\n

\u201cThe rationale of the law of bail at pre-trial stage is, accordingly, that a person should normally be released on bail if the imposition of the conditions reduces the risks referred to above- i.e risk of absconding, risk to administration of justice, risk to society- to such an extent that they become negligible having regard to the weight which the presumption of innocence should carry in the balance when the imposition of the above conditions is considered to be unlikely to make any of the above risks negligible, then bail is to be refused.\u201d<\/p>\n

It is also trite law that in deciding whether to grant bail to the applicant, a balance must be struck between \u201con the one hand the need to safeguard the necessary respect for the liberty of the citizen viewed in the context of the presumption of innocence and, on the other hand the need to ensure that society and the administration of justice are reasonable protected against serious risks which might materialise in the event that the detainee is really the criminal which he is suspected to be\u201d [Labonne v. DPP & Anor 2005 SCJ 38]<\/p>\n

RISK OF RE-OFFENDING<\/p>\n

Regarding the sole ground of objection, I find that Applicant has NOT committed any cognate offences in the past as listed in Doc X on record. I have also considered the fact that Applicant has confessed to the present case and that he was on bail for similar offences when he was arrested for the present case. I am therefore satisfied that the danger of re offending is \u201cplausible\u201d [as stated in Deelchand v. DPP & Anor (supra) citing Clooth v. Belgium [1991] ECHR 71 (12 December 1991) at para 40].<\/p>\n

I have therefore addressed and applied the two-limbed test as laid down in the case of DEELCHAND V THE DIRECTOR OF PUBLIC PROSECUTIONS AND OTHERS (Supra), namely that:<\/p>\n

(i) if the evidence against him appears strong, he is more likely to think he has nothing to lose by re-offending;<\/p>\n

(ii) if the evidence appears weak to him, he will be less likely to take the risk of detection upon re-offending.<\/p>\n

I have assessed an overview of the evidence. (RE: MALOUPE VS DISTRICT MAGISTRATE OF GRAND PORT (2000) MR 64). In the present case, the Applicant has made a full confession to the charge against him and as confirmed by the main enquiry officer there is real evidence against him. In the case of DOOKHIT S. v THE DISTRICT MAGISTRATE OF PAMPLEMOUSSES, DISTRICT COURT, PAMPLEMOUSSES (2011) SCJ 101 , his Lordship laid down as follows:<\/p>\n

\u201cAlthough the risk of re-offending would necessarily be based on conjecture, the nature of the offence charged and the record of an applicant are useful pointers for a court to decide on this issue\u201d.<\/p>\n

I have therefore taken into account the past records of the Applicant and I have noted that he has not breached any condition of bail in the past. I have borne in mind that although there is a risk of the Applicant re-offending, the Court should consider whether conditions can be imposed on the Applicant to render these risks negligible. (RE: MALOUPE VS DISTRICT MAGISTRATE OF GRAND PORT). An imposition of a heavy security will ensure the Applicant\u2019s appearance before Court and will be an incentive for him not to indulge in any other offence. In the case of DEELCHAND V THE DIRECTOR OF PUBLIC PROSECUTIONS AND OTHERS (SUPRA) , the Learned Judge had this to say:<\/p>\n

\u201cSecurity appears applicable to all the risks as it may be an incentive to the applicant to appear for trial, to behave whilst on bail and to refrain from interfering with witnesses, or tampering with evidence\u201d.<\/p>\n

I have also taken into account the Applicant\u2019s statement from the dock that he will respect all bail conditions. I further considered the fact that the main enquiry officer has stated has the police enquiry was completed and that there was no indication as to when the main case will be lodged against the Applicant after the expiry of the confinement period in Mauritius.<\/p>\n

The conditions which I have considered are the duty to report to a police station, undertaking not to travel abroad, imposition of a surety and recognizance, residing at a fixed place of abode, a curfew order, informing police officers of his whereabouts, use of mobile phone for communication of movements and regular meetings with police officers as well as other conditions which could have been appropriate in such a case. In the present case I find that conditions can be imposed by the court to render the ground of objection negligible as Applicant is not borne on record for a cognate offence and the ground of abjection appears to be an apprehension by the police.<\/p>\n

For all the above mentioned reasons, I find that this is a proper case for the present Court to exercise its discretion to grant bail to the Applicant. I therefore grant him bail on the following conditions:<\/p>\n

(1) The Applicant is to furnish a cash deposit in the sum of Rs 25 000; (2) The Applicant is to enter a recognizance of Rs 80 000 (own name); (3) The Applicant is to report to the nearest police station every Wednesday and Saturday between 06 00 hours and 18 00 hours. The reporting is to start as from the 1 st day after the expiration of the confinement period currently in force in Mauritius; (4) The Applicant should not commit any offence and reoffend whilst on bail; (5) The Applicant is to reside at a fixed place of abode, address which he will communicate to the enquiry officers; (6) The Applicant shall have in his possession a mobile phone in good working condition, the phone number of which is to be provided to the police, so that he may be contacted by phone, as and when required.<\/p>\n

In relation to the first bail condition, the required cash deposit is to be deposited at the nearest bank in an SBM account in the name of the Accountant General, the number and details of which is obtainable by Applicant\u2019s Counsel from the Court Manager of the court where the provisional case was lodged, that is Pamplemousses District Court.<\/p>\n

B. PRAYAG-RAJCOOMAR (Mrs) Ag. Senior District Magistrate This 12 th May 2020<\/p>\n<\/div>\n

\n

Sources officielles :<\/strong> consulter la page source<\/a> · PDF officiel<\/a><\/p>\n

Supreme Court of Mauritius – public domain<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Police v Louis Christopher Jonathan Thomas 2020 BRC 138 IN THE BAIL AND REMAND COURT Provisional Cause Number 541\/2020 (Pamplemousses) In the matter of: Police v\/s Louis Christopher Jonathan Thomas RULING The Applicant stands provisionally charged with the offence of UNAUTHORISED ACCESS TO COMPUTER DATA in breach of Sections 2 & 3 (1) (2) of the Computer Misuse and Cybercrime…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":[],"kji_country":[92666],"kji_court":[92667],"kji_chamber":[127341],"kji_year":[41198],"kji_subject":[7646],"kji_keyword":[7930,44154,92734,8066,13896],"kji_language":[7611],"class_list":["post-1057068","kji_decision","type-kji_decision","status-publish","hentry","kji_country-maurice","kji_court-supreme-court-of-mauritius","kji_chamber-mrs-bhamini-prayag-rajcoomar-acting-senior-district-magistrate","kji_year-41198","kji_subject-divers","kji_keyword-christopher","kji_keyword-jonathan","kji_keyword-louis","kji_keyword-police","kji_keyword-thomas","kji_language-anglais"],"yoast_head":"\nSupreme Court of Mauritius, 12 mai 2020, 2020 BRC 138 - 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