The High Court judge didn't release Lenokulal on bail pending appeal because of the pregnancy hypertension issues. Sometimes, the media can seriously mislead. If you read paragraph 14 of the ruling, the judge actually rejected this argument. In my view, the ruling is correct in all aspects- the High Court is on vacation, and she was the duty judge last week. She has captured the substantive issues well. As practitioners, we should push for the application of the law where grounds exist. Let convicts on such crimes apply for bail, which should be granted where it is merited. I have seen only one minor error at the tail end of the ruling where the judge should have indicated the words 'inter parties' hearing. In law, we apply the slip rule to correct such mistakes. I once got a judgment where the figure in the decree was not accurately captured by the judge. I simply made an application, and the error was corrected.
Lesson: Don't let half-baked reporters interpret the law for you. Read it for yourself.
We do like to sensationalise issues. The good judge didn't accept the medical argument of Govenor Moses Lenolkulal on preclampsia. She dismissed the argument in its entirety. Read par 14 of the ruling. A summary of the parties' case isn't synomous with the reasons for a decision.