NDOU J: The
applicant seeks bail pending his trial before a Regional Magistrate. This application was made after the trial
date had been set. The bail is opposed
on the sole ground of likelihood of abscondment. The brief facts of the case are the
following. On 25 October 2010 the
complainant parked her Mazda 323 between 2nd and 3rd
Avenue Bulawayo. The vehicle was well
secure. The vehicle was stolen. A few days later, i.e. on 11 November 2010 it
is alleged that the applicant was found by police officers driving the stolen
vehicle now fitted with false number plates. He was at Barbourfields car
park. The police asked for the
applicant's driver's licence. The
applicant failed to produce one. The
applicant was informed that he was under arrest for driving without a driver's
licence.
The applicant pretended as if he was
answering a call on his mobile phone and suddenly ran away leaving behind the
vehicle and keys. The applicant was
arrested a few days later. He was
positively identified by witnesses at an identification parade.
The applicant has shown a propensity
to abscond. He has absconded from police
custody and he is in my view, not a suitable candidate for bail.
Accordingly, the application fails
and the applicant is refused bail pending trial.
Calderwood, Bryce Hendrie &
partners,
applicant's legal practitioners
Criminal Division, Attorney General's office,
respondent's legal practitioners
