The
applicant is facing a charge of rape, one count, it being alleged that sometime
in April 2010 he raped his six (6) year old daughter who was visiting him during
the school holiday. It is alleged that when the complainant returned to her
grandmother at Village 1, Maqaqeni on the 4th May 2010 she immediately reported
the rape to her grandmother.
The
State has opposed bail essentially on two grounds namely-
1.
That the applicant is likely to abscond; and
2.
That he is likely to interfere with witnesses.
Counsel
for the State argues that the State's case against the applicant is so strong
that it might act as an incentive for him to abscond in order to evade justice
especially as he is certainly facing a term of imprisonment if convicted.
Other
than that, the State has not advanced any other reason for its fear of
abscondment. It has not been shown that the applicant has a propensity to do so
and it is trite that where the fear is not supported by anything more, that can
be addressed by attaching stringent conditions to bail.
For
his part, the applicant has undertaken not to abscond and appears to be a
simple villager with no travel history.
The
other ground for opposition is that the applicant may interfere with witnesses
given that the complainant is his daughter. However, it has not been disputed,
in fact counsel for the State confirms, that the two do not stay together as
the complainant stays with her grandmother in another village. That argument is
therefore not sustainable.
It
is a cardinal principle of our law that an accused person is presumed innocent
until proven guilty otherwise at the trial. For that reason pre-trial
incarceration is always undesirable unless it can be shown, to the satisfaction
of the court, that the accused person will not stand trial if admitted to bail
or that the administration of justice will be jeopardized by the release of the
accused.
In
this case, I am not satisfied that the interests of justice will suffer as a
result of the release of the applicant on bail and will accordingly grant him
bail. In the result, it is ordered that the applicant be and is hereby admitted
to bail on the following conditions:-
(a)
He deposits a sum of US$50= with the Assistant Registrar of the High Court,
Bulawayo.
(b)
He reports twice a week on Fridays and Mondays between the hours of 0800hours
and 1800 hours at Inyathi Police station until the matter is finalised.
(c)
He resides at his homestead at Village 6, Dromoland, Inyathi until the matter
is finalized.
(d)
He does not in any way have access to the complainant until the matter is
finalized and does not interfere with State witnesses.
(e) He surrenders his passport or other travel
documents, if any, to the Registrar of the High Court, Bulawayo.
