High Court revokes release order citing server issues

High Court has revoked a remand release order of an individual arrested in a child sexual abuse case. The release order was issued stating server problems hindered holding hearings. 

The individual was initially remanded in custody for 30 days by the Magistrate Court. When presented at the court at the end of this remand period, the court decided not to extend the remand. 

The State appealed the ruling at the High Court, seeking its revocation and a fresh ruling on remand. 

The State approached the Magistrate Court asking that the man, charged with possessing pornography, be remanded again. Once this was submitted to court, the defendant sent a letter to the court. In the letter, he requested leniency in remand until the court's server issues are resolved, as they are disrupting regular hearings. 

The court decided to grant the request. The court noted that a lack of resources had prevented hearings for two months, with no resolution in sight. It added that, given the circumstances, it could not justify infringing upon an individual's rights. 

The State appealed this ruling at the High Court, which decided to revoke the Magistrate Court's ruling. 

The High Court's ruling stated that while an individual has been charged under the Special Provisions Act for Child Sexual Abuse Offenders, the law allows for him to be placed in remand in custody until the end of trial. The Court cited Article 49 of the Constitution, which states, "No person shall be detained in custody prior to sentencing, unless the danger of the accused absconding or not appearing at trial, the protection of the public, or potential interference with witnesses or evidence dictate otherwise. The release may be subject to conditions of bail or other assurances to appear as required by the court", stating he can be considered danger to society and a risk in terms of evidence tampering or witness interference. 

The High Court further stated that if the situation is believed to be changed, then the court can review the remand. 

In reviewing remand, it should be considered where the situations resulting in remand had changed. At the least, such a person can be released from custody if the reasons for remand no longer exist, the ruling said. 

A person remaining in custody for an extended period due to the trial not concluding is not an acceptable legal justification for releasing him, even if with conditions, citing Article 36 of the Special Provisions Act for Child Sexual Abuse Offenders, the High Court's ruling reads.