S v Lovell (B 1291 of 2014) [2015] ZWHHC 451 (14 May 2015)

S v Lovell (B 1291 of 2014) [2015] ZWHHC 451 (14 May 2015)

The application was dismissed because the applicant failed to demonstrate new facts or changed circumstances since the previous bail denial. The passage of time was not found to be a new fact in the applicant's favour due to the defence's role in trial delays. Constitutional arguments did not constitute new facts as they should have been raised earlier.

Citation
[2015] ZWHHC 451
Parties
Applicant: George Francis Lovell; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
14 May 2015
Case Number
B 1291 of 2014
Procedural Posture
Criminal / Bail Application (second Application During Ongoing Murder Trial)
Outcome
Application dismissed
Legal Topics
Bail, Murder, Changed Circumstances, Flight Risk
Source Language
English
Criminal Law Constitutional Law Bail Murder Changed Circumstances Flight Risk

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Parties

George Francis Lovell

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application (second Application During Ongoing Murder Trial)

Legal Issues

  1. 1 Whether new facts or changed circumstances justify granting bail after previous denial
  2. 2 Whether constitutional provisions override statutory requirements for bail in changed circumstances applications
  3. 3 Whether the applicant remains a flight risk

Ratio Decidendi

The application was dismissed because the applicant failed to demonstrate new facts or changed circumstances since the previous bail denial. The passage of time was not found to be a new fact in the applicant's favour due to the defence's role in trial delays. Constitutional arguments did not constitute new facts as they should have been raised earlier.

Court Disposition

Application dismissed