HH 186-18 JONAH CHIRAMBA versus THE STATE

JONAH CHIRAMBA

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABWE

NDEWERE, J

HARARE, 2 March 2018

 

 

Application For Bail On Changed Circumstances

 

 

Applicant appearing in Person

T Kasema, for the respondent

 

 

NDEWERE J: On 17 November 2017, an application was made for bail pending trial. The application was dismissed by this Honourable Court on 19 November 2017.

The reasons for the State’s opposition to bail being granted at the time as can be gleaned from the Form 242 and the State’s response to the application were that:

 

  1. The applicant was accused of having committed murder, a very serious offence under aggravating circumstances. He had allegedly killed the deceased during the course of an armed robbery. If convicted, the applicant could well face the death penalty.
  2. The applicant has been on the run and had only been arrested after a serious manhunt.
  3. The applicant went on to commit further serious offences after the alleged murder. These included unlawful entry, theft and theft of a motor vehicle. It was the State’s fear that if released, the applicant had shown that he was likely to commit further similar offences.
  4. The applicant was likely to interfere with witnesses since they resided in the locality with him.

On 8 February 2018, the applicant then filed the current application citing changed circumstances.

From the onset, I wish to state that in my view an application for bail on the basis of changed circumstances must of necessity show that since the initial bail application, there has been a change of the circumstances which had been used to oppose or deny the applicant his initial bail application. It is incumbent upon the applicant to show such a change of circumstances.

 

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2018