S v Chigwedere and Ors (HCB 152 of 2004) [2004] ZWBHC 105 (1 September 2004)

S v Chigwedere and Ors (HCB 152 of 2004) [2004] ZWBHC 105 (1 September 2004)

The likelihood of abscondment due to serious charges and high prospects of conviction, risk of interference with key witness, and failure by applicants to discharge the onus of proving they would not commit further offences justify denial of bail.

Citation
[2004] ZWBHC 105
Parties
Applicant: Collen Chigwedere; Applicant: Glory Makosana; Applicant: Steven Gamba; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
1 September 2004
Case Number
HCB 152 of 2004
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
application dismissed
Legal Topics
Bail, Armed Robbery, Identification Parade, Abscondment, Interference With Witnesses
Source Language
English
Criminal Law Bail Armed Robbery Identification Parade Abscondment Interference With Witnesses

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Parties

Collen Chigwedere

Applicant

Glory Makosana

Applicant

Steven Gamba

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether applicants should be granted bail pending trial
  2. 2 Likelihood of abscondment due to seriousness of charges and prospects of conviction
  3. 3 Potential interference with witnesses

Ratio Decidendi

The likelihood of abscondment due to serious charges and high prospects of conviction, risk of interference with key witness, and failure by applicants to discharge the onus of proving they would not commit further offences justify denial of bail.

Court Disposition

application dismissed

Orders

  • Bail pending trial is denied for all applicants.