CHIWESHE
JP: The applicant is charged with two
counts of rape in terms of s 65 of the Criminal Law (Codification and Reform)
Act [Cap 9:23].
On
13 July 2010 the applicant appeared before my brother HLATSHWAYO J seeking bail
pending trial. His application was duly dismissed in view of the following
factors:
(i)
That investigations were complete and the State was
ready for trial;
(ii)
That offences of this nature are on the increase and
that vulnerable members of society such as minors must be protected by keeping
would be offenders under incarceration pending trial; and
(iii)
That the applicant is facing serious charges and if
convicted would be liable to a long prison term. This would induce him to
abscond if granted bail.
In
order to succeed in the present application, the applicant must show that since
the order of my brother on 13 July 2010 denying him bail, circumstances have
changed. In my view the applicant has not demonstrated any changes in support
of the order he seeks. It has not been shown for example that the State case
has since been weakened in a material respect or that certain circumstances
which did not exist at the time have since arisen.
During
the course of hearing this application I did ask for details of the allegations
made against other persons who stand accused of raping the same minor in order
to gain a greater insight into this matter. I postponed the proceedings for
that purpose. I have since acquainted myself with such allegations and remain
of the view that the present application cannot succeed.
However,
during the course of the postponement the record was not returned to me. This
was due to an oversight on the part of the Registrar. Inevitably the result has
been a delay in the finalization of this matter.
For
reasons already stated I order that the application be and is hereby dismissed.
Antonio & Associates, applicant's legal practitioners
Attorney General's
Office, respondent's legal practitioners
