HH 196-18 IGNATIUS MORGEN CHIMINYA CHOMBO versus THE STATE

IGNATIUS MORGEN CHIMINYA CHOMBO

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

MUSHORE J

HARARE, 7 December 2017 & 11 April 2018

 

Bail application

 

            MUSHORE J: This is an appeal against the refusal of bail (pending trial) in the Magistrates’ Court in terms of section 121 of the Criminal Procedure and Evidence Act [Chapter 9:07] on the following grounds:-

“1.       The Magistrate misdirected himself in law in failing to find that ‘compelling reasons” demanded by s 50 (1) (d) of the Constitution of Zimbabwe, 2013 had not been established by the State, particularly in that:-

1.1              There was neither evidence nor any other basis from which it could be said that appellant was likely abscond

1.2              There was neither evidence nor any other basis from which it could be said that appellant would interfere with witnesses,

1.3              Reference to ‘public outcry’ is, in itself, never a compelling reason given that it is the people themselves that entrenched a presumption of innocence in the Constitution;

1.4              The State did not address any of the bail conditions offered by the appellant, thereby failing to discharge the onus thrust upon it by law. A compelling reason is one that remains notwithstanding bail conditions.

2.         The decision to deny bail on the basis of the above grounds is so outrageous in its defiance of logic or common sense that no reasonable magistrate, applying 

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2018