FRADERICK CHIMAIWACHE

v

THE STATE

SUPREME COURT OF ZIMBABWE

HARARE, JANUARY 30 & MARCH 18, 2013

K Maeresera, for the appellant

E Nyazamaba, for the respondent

Before: GOWORA JA, in Chambers in terms of s 121(2)(a) of the Criminal Procedure and Evidence Act [Cap. 9.07].

This is an appeal against a judgment of the High Court which was issued on 5 June 2012 refusing bail pending appeal in respect of the appellant. The appellant prays that the judgment of the court a quo be set aside and be substituted with an order admitting him to bail.

The facts of this case are these. The appellant was arraigned before the Regional Magistrate on one count of contravening s 113 of the Criminal Law (Codification and Reform) Act, [Cap. 9:23]. The allegations against him were that he had stolen a motor vehicle belonging to the Attorney General’s Office and which had been assigned to one of the officers within the department. The appellant was convicted after a lengthy trial and sentenced to 10 years imprisonment with 2 years of the sentence suspended on condition he paid restitution to the complainant in the sum of USD42 000. The appellant was aggrieved by the conviction and has appealed to the High Court against his conviction. The appeal is still to be determined. Subsequent to noting the appeal he then launched an application for bail which is the subject of this appeal.