S v Moyo and Anor (HCB 18 of 2002) [2002] ZWBHC 26 (28 February 2002)

S v Moyo and Anor (HCB 18 of 2002) [2002] ZWBHC 26 (28 February 2002)

There was no sufficient admissible evidence directly linking the applicants to the alleged murders. The confessions were either inadmissible or made under duress, and the state failed to show that the applicants would abscond or interfere with justice. Both applicants are entitled to bail pending trial.

Citation
[2002] ZWBHC 26
Parties
1st Applicant: Remember Moyo; 2nd Applicant: Gilbert Moyo; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
28 February 2002
Case Number
HCB 18 of 2002
Procedural Posture
Criminal / Bail Application and Application for Leave to Appeal
Outcome
Bail granted to both applicants; application for leave to appeal dismissed.
Legal Topics
Murder, Bail Pending Trial, Admissibility of Evidence, Confessions, Alibi, Appeal Against Bail
Source Language
English
Criminal Law Bail Murder Bail Pending Trial Admissibility of Evidence Confessions Alibi Appeal Against Bail

Case Brief

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Parties

Remember Moyo

1st Applicant

Gilbert Moyo

2nd Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application and Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial for murder charges
  2. 2 Whether there is sufficient admissible evidence linking the applicants to the alleged offences
  3. 3 Whether the state should be granted leave to appeal the grant of bail

Ratio Decidendi

There was no sufficient admissible evidence directly linking the applicants to the alleged murders. The confessions were either inadmissible or made under duress, and the state failed to show that the applicants would abscond or interfere with justice. Both applicants are entitled to bail pending trial.

Court Disposition

Bail granted to both applicants; application for leave to appeal dismissed.

Orders

  • Each applicant to deposit $5,000.00 with the Registrar of the High Court of Bulawayo.
  • Each applicant to report once a week every Friday between 6.00am and 6.00pm at Luveve Police Station.