S v Mushipe & Ors (CRB B 605 of 2015) [2015] ZWHHC 649 (20 July 2015)

S v Mushipe & Ors (CRB B 605 of 2015) [2015] ZWHHC 649 (20 July 2015)

First and second applicants are denied bail due to the seriousness of the offence, strong evidence linking them to the crime, risk of abscondment, and previous evasion of arrest. Third and fourth applicants are granted bail as there is insufficient evidence directly linking them to the offence and no risk of abscondment is established.

Citation
[2015] ZWHHC 649
Parties
Applicant: Peter Mushipe; Applicant: Master Katsanza; Applicant: Killian Shonhiwa Tagarira; Applicant: Vestor Maretekwa; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
20 July 2015
Case Number
CRB B 605 of 2015
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
bail granted in part, denied in part
Legal Topics
Bail, Robbery, Criminal Procedure
Source Language
English
Criminal Law Bail Robbery Criminal Procedure

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Parties

Peter Mushipe

Applicant

Master Katsanza

Applicant

Killian Shonhiwa Tagarira

Applicant

Vestor Maretekwa

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial
  2. 2 Whether there is a risk of abscondment or interference with investigations

Ratio Decidendi

First and second applicants are denied bail due to the seriousness of the offence, strong evidence linking them to the crime, risk of abscondment, and previous evasion of arrest. Third and fourth applicants are granted bail as there is insufficient evidence directly linking them to the offence and no risk of abscondment is established.

Court Disposition

bail granted in part, denied in part

Orders

  • Bail application for first and second applicants is dismissed.
  • Third and fourth applicants are admitted to bail pending trial on conditions: deposit US$100 each with Clerk of Court, reside at specified addresses, report weekly to police, and not interfere with witnesses or evidence.