S v Soda & Anor (B 2077 of 2019; B 669 of 2017; HH 114 of 2020; NPA B 208 of 2019; REF B 674 of 2017) [2020] ZWHHC 114 (5 February 2020)

There are no compelling changed circumstances to justify granting bail pending trial de novo; applicants remain a major flight risk and trial dates are set.

Citation: [2020] ZWHHC 114
Parties: Applicant: Tichaona Soda; Applicant: Assan Chikwanda; Respondent: The State
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 5 February 2020
Case Number: B 2077 of 2019 ; B 669 of 2017 ; HH 114 of 2020 ; NPA B 208 of 2019 ; REF B 674 of 2017
Procedural Posture: Criminal / Bail Application Pending Trial De Novo
Outcome: application for bail dismissed
Legal Topics: Bail, Murder, Trial De Novo, Assessors, Flight Risk
Source Language: English

Criminal Law Bail Murder Trial De Novo Assessors Flight Risk

Case Brief

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Parties

Tichaona Soda

Applicant

Assan Chikwanda

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial De Novo

Legal Issues

1 Whether the applicants should be granted bail pending a trial de novo after electing not to proceed with one assessor following the death of an assessor

Ratio Decidendi

There are no compelling changed circumstances to justify granting bail pending trial de novo; applicants remain a major flight risk and trial dates are set.

Court Disposition

application for bail dismissed

Orders

Application for bail pending trial de novo is dismissed for both applicants.