S v Ellard (B 1000 of 2015; B 999 of 2015; HH 985 of 2015) [2015] ZWHHC 985 (23 December 2015)
There are no compelling reasons to deny bail as the State case against the applicants is weak, there is no evidence of risk of abscondment, and the applicants have previously complied with bail conditions.
- Citation
- [2015] ZWHHC 985
- Parties
- Applicant: Alpha Ellard; Applicant: Charles Musona; Respondent: The State
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 23 December 2015
- Case Number
- B 1000 of 2015 ; B 999 of 2015 ; HH 985 of 2015
- Procedural Posture
- Bail Application / Post Trial Commencement, After State Closed Its Case, Pending Continuation of Trial
- Outcome
- bail granted
- Legal Topics
- Bail, Murder, Pre Trial Detention, Risk of Abscondment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alpha Ellard
Applicant
Charles Musona
Applicant
The State
Respondent
Procedural Posture
Bail Application / Post Trial Commencement, After State Closed Its Case, Pending Continuation of Trial
Legal Issues
- 1 Whether the applicants should be admitted to bail pending trial for murder
- 2 Whether there are compelling reasons justifying continued detention
Ratio Decidendi
There are no compelling reasons to deny bail as the State case against the applicants is weak, there is no evidence of risk of abscondment, and the applicants have previously complied with bail conditions.
Court Disposition
bail granted
Orders
- Each applicant to deposit US$100 with the Registrar of the Court at Harare.
- Applicants to reside at their respective residences at Serui Source Farm Compound, Norton, until trial is finalised.
Full Case Text
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