S v Mawire (HB 41 of 2020; HCB 34 of 2020) [2020] ZWBHC 41 (2 March 2020)

S v Mawire (HB 41 of 2020; HCB 34 of 2020) [2020] ZWBHC 41 (2 March 2020)

The state failed to provide evidence that the applicant is likely to abscond or interfere with witnesses. The seriousness of the offence alone is not sufficient to deny bail, and the applicant is entitled to bail pending trial.

Citation
[2020] ZWBHC 41
Parties
Applicant: Trust Mawire; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
2 March 2020
Case Number
HB 41 of 2020 ; HCB 34 of 2020
Procedural Posture
Criminal / Bail Application
Outcome
Bail granted
Legal Topics
Bail, Theft, Police Misconduct
Source Language
English
Criminal Law Bail Theft Police Misconduct

Case Brief

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Parties

Trust Mawire

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicant is a suitable candidate for bail pending trial
  2. 2 Whether the applicant is likely to abscond or interfere with witnesses

Ratio Decidendi

The state failed to provide evidence that the applicant is likely to abscond or interfere with witnesses. The seriousness of the offence alone is not sufficient to deny bail, and the applicant is entitled to bail pending trial.

Court Disposition

Bail granted

Orders

  • Application for bail pending trial is granted in terms of the Draft Order.