Written by Kelly Were
Director of Public Prosecution has opposed fresh application by charged Oki General Trading limited director seeking to travel to Dubai.
Opposing the application, Prosecution told the court the present application by Honey Khatwani is a re-litigation of a matter that has already been heard and determined by the court, where the earlier application for release of the passport was dismissed.
Prosecution told the court Katwani has not demonstrated any material change in circumstances since the Court’s earlier ruling that would warrant a reconsideration or variation of the existing bail terms. Merely filing the application through a different advocate does not change the substance or legal merit of the application.
“The invitation letter to Dubai attached to the present application does not itself constitute sufficient or compelling justification to interfere with or vary the terms previously set by the Court, particularly in light of the serious nature of the charges facing Katwani,” court heard
Court heard there remains a real and legitimate concern that releasing the Applicant’s passport may facilitate flight risk and compromise the integrity of the ongoing trial process, especially where no adequate safe guards have been proposed.
Prosecution told the trial court that permitting multiple and successive applications without new grounds risks undermining the finality of the Court’s decisions, and amounts to an abuse of the court process.
The application offends the overriding interests of justice and public confidence in the criminal justice system, especially where the Katwani seeks preferential treatment not ordinarily accorded to similarly placed accused persons.
In the circumstances, it is in the interest of justice and public interest that the application be dismissed.
