The
applicant is facing a charge of murder. On 31 March 2011, the applicant was
admitted to bail pending trial under case number HCB73/11. The applicant, who
is a student, followed the bail conditions religiously, so to speak. The
applicant has now been indicted for trial which is scheduled to commence on 18
October 2011. The consequence of such indictment is that he is now in custody. The
applicant now seeks bail pending the trial.
The
application is opposed.
The
only new circumstance in this case is that a trial date has now been set. Prior
this, the applicant observed the bail conditions in an exemplary fashion. In S
v Chiadzwa 1998 (2) ZLR 19 (S) it was held that the mere fact that a trial date
has been set is not good enough justification to deny an accused bail. There
must be other reasons which, when coupled with a trial date, would compel the
court to refuse bail. There are no such other reasons in casu beside the
provision of the trial date. As alluded
to above, the applicant observed all bail conditions imposed in the initial
bail granted to him.
Accordingly,
I find that the applicant is a suitable candidate for bail and I grant him bail
pending trial in the following terms:
It is
hereby ordered that:
1. The
applicant be and is hereby re-admitted to bail.
2.
The applicant shall pay US$50= as recognizance to be paid to the Assistant
Registrar, High Court, Bulawayo.
3. The
applicant shall report twice a week on Mondays and Fridays at Donnington Police
Station between 0600 hours and 1800 hours until the finalization of the matter.
4.
The applicant shall continue to reside at Number 4 Poplar Lane, Newton West,
Bulawayo until the finalization of the matter.
5.
The applicant shall not interfere with State witnesses.
