S v Hitschamann (CRB B 319 of 2006) [2006] ZWHHC 54 (16 May 2006)

S v Hitschamann (CRB B 319 of 2006) [2006] ZWHHC 54 (16 May 2006)

There has been no change of circumstances since the initial refusal of bail; the seriousness of the charge, the overwhelming evidence, and the State's diligence in setting the matter for trial justify continued detention.

Citation
[2006] ZWHHC 54
Parties
Applicant: Peter Michael Hitschmann; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 May 2006
Case Number
CRB B 319 of 2006
Procedural Posture
Criminal Bail Application / Ruling on Renewed Bail Application After Initial Refusal
Outcome
Application for bail dismissed
Legal Topics
Bail, Possession of Military Weapons, Presumption of Innocence, Conspiracy, State Security
Source Language
English
Criminal Law Public Security Bail Possession of Military Weapons Presumption of Innocence Conspiracy State Security

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Parties

Peter Michael Hitschmann

Applicant

The State

Respondent

Procedural Posture

Criminal Bail Application / Ruling on Renewed Bail Application After Initial Refusal

Legal Issues

  1. 1 Whether there are changed circumstances justifying the grant of bail after initial refusal
  2. 2 Whether the seriousness of the charge and strength of evidence justify continued detention

Ratio Decidendi

There has been no change of circumstances since the initial refusal of bail; the seriousness of the charge, the overwhelming evidence, and the State's diligence in setting the matter for trial justify continued detention.

Court Disposition

Application for bail dismissed

Orders

  • Application for bail is dismissed with no order as to costs