S v Maketo and Ors (CRB 9922 of 2002) [2002] ZWBHC 132 (13 November 2002)

S v Maketo and Ors (CRB 9922 of 2002) [2002] ZWBHC 132 (13 November 2002)

The magistrate did not misdirect herself in denying bail; any misdirections were not of such magnitude as to warrant intervention. The risk of abscondment and interference with investigations justified denial of bail given the appellants' positions and circumstances.

Citation
[2002] ZWBHC 132
Parties
1st Appellant: Benjamin Maketo; 2nd Appellant: Rowen Dube; 3rd Appellant: Joseph Nyoni; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
13 November 2002
Case Number
CRB 9922 of 2002
Procedural Posture
Criminal Appeal / Appeal Against Denial of Bail Pending Trial
Outcome
appeal dismissed
Legal Topics
Bail Pending Trial, Judicial Discretion, Interference With Investigations, Abscondment
Source Language
English
Criminal Law Procedure Bail Pending Trial Judicial Discretion Interference With Investigations Abscondment

Case Brief

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Parties

Benjamin Maketo

1st Appellant

Rowen Dube

2nd Appellant

Joseph Nyoni

3rd Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Denial of Bail Pending Trial

Legal Issues

  1. 1 Whether the magistrate misdirected herself in denying bail to the appellants
  2. 2 Whether the risk of abscondment and interference with investigations justified denial of bail
  3. 3 Whether the magistrate properly exercised her discretion

Ratio Decidendi

The magistrate did not misdirect herself in denying bail; any misdirections were not of such magnitude as to warrant intervention. The risk of abscondment and interference with investigations justified denial of bail given the appellants' positions and circumstances.

Court Disposition

appeal dismissed

Orders

  • appeal against denial of bail is dismissed in its entirety