MAPINGIRE v THE STATE (3 of 2025) [2025] ZWHHC 3 (2 January 2025)

MAPINGIRE v THE STATE (3 of 2025) [2025] ZWHHC 3 (2 January 2025)

The applicant failed to discharge the onus to show, on a balance of probabilities, that it is in the interests of justice to be released on bail. He did not provide evidence of fixed abode or employment, failed to rebut the state's evidence of abscondment risk, and did not present a plausible defence. The risk of...

Source-derived case information.

Citation
[2025] ZWHHC 3
Parties
Applicant: Shelton Mapingire; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
2 January 2025
Case Number
3 of 2025
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
Application for bail pending trial dismissed.
Legal Topics
Bail Pending Trial, Burden of Proof, Robbery, Abscondment Risk, Equal Treatment of Co Accused
Source Language
english
Criminal Law Constitutional Law Bail Pending Trial Burden of Proof Robbery Abscondment Risk Equal Treatment of Co Accused

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Parties

Shelton Mapingire

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial for a Third Schedule offence
  2. 2 Whether the applicant discharged the onus to show it is in the interests of justice to be released on bail
  3. 3 Whether the applicant is a flight risk

Ratio Decidendi

The applicant failed to discharge the onus to show, on a balance of probabilities, that it is in the interests of justice to be released on bail. He did not provide evidence of fixed abode or employment, failed to rebut the state's evidence of abscondment risk, and did not present a plausible defence. The risk of abscondment is high and cannot be mitigated by bail conditions. Circumstances differ from co-accused who was granted bail.

Court Disposition

Application for bail pending trial dismissed.

Orders

  • The application for bail pending trial be and is hereby dismissed.