Application
for Bail Pending Trial
TAGU
J:
The
applicant is facing a charge of Robbery as defined in section 126 of
the Criminal Law (Codification and Reform) Act [Chapter
9.23].
He is making an application for bail pending trial.
The
application is opposed by the respondent.
The
applicant has petitioned this court to grant him bail, among other
things, on the basis that his co-accused was granted bail.
The
respondent has opposed bail on the basis that the circumstances of
this applicant are different from those of the accomplice who was
granted bail. The respondent submitted that the accomplices explained
that they obtained the money, the proceeds of the robbery as a loan.
The
investigating officer has deposed to an affidavit opposing bail.
The
circumstances were that the applicant in the company of his
accomplices Kudakwashe Chidoti and Fungai Shonhiwa, acting in common
purpose, armed themselves with a pistol went to the complainant's
house on 29
December
2014. They entered the house, tied the occupants after assaulting
them and robbed them of 45,000 Euros in 500 Euro denominations. On 6
January
2015 information was received to the effect that the applicant had
changed 4,500 Euros in 500 Euro denominations at Roadport Bus
Terminus to illegal foreign currency dealers. This led to the arrest
of the applicant.
At
the hearing of the bail application Mr T
Chakurira
urged the court to treat persons facing similar allegation equally.
Mr D
H Chesa
argued that people facing similar allegations may be treated
differently.
Indeed
I had sight of the facts contained in the Request For Remand form in
the case of
S
v Kudakwashe
Chidoti and Fungai Shonhiwa
CRB 114-15/15, ref B06/15. The facts are similar to the allegations
faced by the applicant. However, the investigating officer's
affidavit in case CRB 14-15/15 showed that the circumstances of
Kudakwashe Chidoti were different from those of Fungai Shonhiwa. On
that basis Fungai Shonhiwa was not granted bail as evidenced by case
B06/15.
In
casu,
the circumstances of this applicant are different from those of
Kudakwashe Chidoti. The court appreciates the need to treat offenders
the same in situations where they are facing the same charges.
However, sight should not be lost of the fact that each individual's
circumstances come under scrutiny when the court considers the right
to individual liberty on one hand and the interest of administration
of justice on the other hand. This applicant is a flight risk as he
sometimes resides in South Africa where he once worked as a truck
driver.
In
the result, the application for bail pending trial is dismissed.
Rubaya
& Chtambudza,
applicant's legal practitioners
Prosecutor
General's Office,
respondent's legal practitioners
