Here's the old article by Cons lawyer, posted after Bail release No.1
http://www.dailymaverick.co.za/opin...t-denied-as-easily-as-you-think/#.Vma0XOOyOko
"the question of whether it would be in the interest of justice to grant bail will focus “primarily on securing the attendance of the accused at trial and on preventing the accused from interfering with the proper investigation and prosecution of the case”."
I note he said wtte in his appln today.
"“The broad policy considerations contemplated by the “interests of justice” test … can legitimately include the risk that the detainee will endanger a particular individual or the public at large. Less obviously, but nonetheless constitutionally acceptably, a risk that the detainee will commit a fairly serious offence can be taken into account. The important proviso throughout is that there has to be a likelihood, i.e. a probability, that such risk will materialise. A possibility or suspicion will not suffice. At the same time, a finding that there is indeed such a likelihood is no more than a factor, to be weighed with all others, in deciding what the interests of justice are.
...The focus at the bail stage is to decide whether the interest of justice permits the release of the accused pending trial. Bail will usually be denied to protect the investigation and prosecution of the case and to protect society against the possible future life-threatening criminal acts of an accused.
The bail provisions contained in section 60 of the Criminal Procedure Act must be interpreted and applied with reference to these human rights based policy considerations.
Section 60 of the Criminal Procedure Act states that a court can normally refuse bail “in the interest of justice” only where there is the likelihood that the accused, if he or she were released on bail,
will endanger the safety of the public or any particular person; will evade his or her trial; will attempt to influence or intimidate witnesses or to conceal or destroy evidence; or if, in exceptional circumstances, there is the likelihood that the release of the accused will disturb the public order or undermine the public peace or security”
Shouldn't have been bailed in the first instance, three years ago, based on BIB!
Also note he has stated he needs access to the internet to enable him to study distance learning - he is NOTHING if not canny