HB 137-18 FANNY MURONGA versus THE STATE

 FANNY MURONGA

versus

THE STATE

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 4 JUNE 2018 AND 7 JUNE 2018

 

 

Bail Application

 

 

N Sibanda for the applicant

Ms N Ngwenya for the respondent

 

 

 

            MOYO J:      This is an application for bail pending trial.

            The applicant faces charges of attempted murder in that it is alleged that he shot the complainant at Motapa mine Inyathi on 17 April 2018. 

            The state has opposed bail on the grounds the applicant faces serious charges and that upon conviction this charge carries with it a custodial sentence.  The other ground is that the accused is on a warrant of arrest on other charges whose court record book numbers have not been availed to the court.  They were of critical importance in this case as accused’s counsel disputes that and the state was duty bound to prove same.

            This leaves the seriousness of the offence as the only ground for opposing bail.  There are numerous cases to the effect that the seriousness of the offence on its own cannot stand as a ground for opposing bail.  In other words, the court must consider a number of factors whose cummulative effect is such that the accused is a flight risk. The weight of a serious charge without any other complimenting circumstances against the accused person cannot on its own tilt the scales against the accused person’s suitability for bail.  There should be other observations, concerning the accused’s personal circumstances that tilt the scales heavily towards 

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2018