R v Botha

[1998] QCA 376

IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

C.A. No. 285 of 1998

Brisbane

Before	McMurdo P. Pincus J.A. Jones J.
[R v. Botha]

THE QUEEN

v.

NICOLAAS JOHANNES BOTHA

Appellant

REASONS FOR JUDGMENT - McMURDO P.

Judgment delivered 20 November 1998

1. I have read the reasons for judgment of Pincus J.A. and Jones J., who have set out the

   relevants facts and issues.

2. It is of concern that the appellant has been in custody awaiting his committal

   proceedings on serious fraud charges since his arrest in early December 1997. It is regrettable

   his committal proceedings have taken so long to be completed, having commenced on 19

   March 1998. I note from Chesterman J.’s reasons for judgment below that the latest, and

   hopefully last, instalment of the committal proceedings was due to commence on 26 October

   1998, involving the allocation of a further 25 court days. Despite this unfortunate delay, I agree with Pincus J.A. and Jones J. that the appeal from the order of Chesterman J. refusing

   the application for bail should be dismissed. There is an unacceptable risk that the appellant,

   if released on bail, would fail to appear and surrender into custody. I agree with the reasons

   given and would only add that if the appellant is committed for trial to the District Court and

   remains in custody, his trial should be brought on as soon as possible and should be managed

   by a Judge from an early stage with a view to achieving that end.