Jalasi v R (Bail Application 6 of 2017) [2018] MWHC 1029 (18 October 2018)

The balance of justice favored granting bail as the applicant's constitutional rights had been infringed by prolonged pre-trial detention, and the State did not object to bail.

Citation: [2018] MWHC 1029
Parties: Applicant: Eliasi Jalasi; Respondent: The State
Court: High Court of Malawi
Jurisdiction: Malawi
Judgment Date: 18 October 2018
Case Number: Bail Application 6 of 2017
Procedural Posture: Bail Application / Ruling on Bail Application
Outcome: Bail granted with conditions
Legal Topics: Bail, Murder, Pre Trial Detention, Rights of Accused Persons
Source Language: English

Criminal Law Constitutional Law Bail Murder Pre Trial Detention Rights of Accused Persons

Case Brief

Summary, issues, holding and outcome

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Parties

Eliasi Jalasi

Applicant

The State

Respondent

Procedural Posture

Bail Application / Ruling on Bail Application

Legal Issues

1 Whether the applicant is entitled to bail for a murder charge
2 Whether the applicant's constitutional rights under section 42(2)(b) were violated by prolonged pre-trial detention

Ratio Decidendi

The balance of justice favored granting bail as the applicant's constitutional rights had been infringed by prolonged pre-trial detention, and the State did not object to bail.

Court Disposition

Bail granted with conditions

Orders

Applicant to pay a cash bail bond of K20,000.00 before release
Applicant to produce two sureties (one being a parent/guardian), each bonded in the sum of K100,000.00 not cash, to be examined by the Registrar within 21 days