S v Rutizira & Anor (B 152 of 2021; B 175 of 2021; HH 61 of 2021) [2021] ZWHHC 61 (16 February 2021)

S v Rutizira & Anor (B 152 of 2021; B 175 of 2021; HH 61 of 2021) [2021] ZWHHC 61 (16 February 2021)

Both applicants failed to discharge the onus of showing it is in the interests of justice to admit them to bail. The seriousness of the offence, strength of the evidence, likelihood of conviction, and demonstrated risk of abscondment constitute compelling reasons to deny bail.

Citation
[2021] ZWHHC 61
Parties
Applicant: Gerald Rutizira; Applicant: Neverson Mwamuka; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 February 2021
Case Number
B 152 of 2021 ; B 175 of 2021 ; HH 61 of 2021
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
bail denied
Legal Topics
Bail, Robbery, Accessory After the Fact, Flight Risk
Source Language
English

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Parties

Gerald Rutizira

Applicant

Neverson Mwamuka

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

  1. 1 Whether the applicants should be granted bail pending trial
  2. 2 Whether the applicants are flight risks
  3. 3 Whether the applicants' release would undermine the interests of justice

Ratio Decidendi

Both applicants failed to discharge the onus of showing it is in the interests of justice to admit them to bail. The seriousness of the offence, strength of the evidence, likelihood of conviction, and demonstrated risk of abscondment constitute compelling reasons to deny bail.

Court Disposition

bail denied

Orders

  • Both bail applications are dismissed.
  • Judgment to be filed in both case numbers B 152/21 and B 175/21.