CHIEF JUSTICE’S DECISION
Chief Justice Menon dismissed Tannos’ application and upheld the district judge’s finding based on what he said was the only viable interpretation of the “sick or infirm” exception.
A broader interpretation based on the ordinary meanings of the words would allow bail to be sought on the slightest illness or infirmity, like a cough or cold, he said.
However, in proposing a “middle ground” interpretation, Justice Menon observed that Tannos’ lawyers had difficulty identifying what criteria should be applied.
In contrast, SPS’ ability to reasonably and safely manage a fugitive’s medical condition was a clear and objective standard for what meets the threshold of “sick or infirm”.
