This
is an application for bail pending trial.
The
application is opposed by the respondent on two grounds, i.e.
(a)
The applicant is likely to abscond.
(b)
The applicant will endanger the safety of the public.
The
background facts are the following.
The
applicant is facing a count of armed robbery and a count of car-jacking.
It
is alleged that on 20 February 2009, and at around 1730 hours, the applicant,
in the company of five (5) others, three of whom are still at large, drove a white
Nissan Sentra motor vehicle and a maroon BMW motor vehicle, bearing South
African registration numbers, to a secluded spot near Richmond Kwik Spar
Supermarket in Bulawayo.
The
BMW motor vehicle belongs to the applicant.
The
applicant, together with the abovementioned accomplices, two of whom were armed
with pistols, went inside the said supermarket and therein robbed the occupants
of hard cash, mobile phones, wines, and orange crush. On exiting the
supermarket, they came across one Owen Munyakuri who was seated in the driver's
seat of a Ford Transit motor vehicle. The gang threatened to shoot him, and by
use of these threats and violence, forced him out of the vehicle. They further
stole money on his person and also a mobile phone..., the gang drove away in
his vehicle. Whilst fleeing from the scene, one of the group discharged a
firearm twice.
The
applicant states that he is a married man with a child. He avers that he has a
fixed abode at 42028/1 Ejingeni Flats, Makokoba in Bulawayo.
It
is beyond dispute that the applicant is a holder of a South African passport in
the name of Dladla Thokozani Magnificent which shows that he is a South African
citizen. His BMW motor vehicle is registered in South Africa. He has not
explained why he travels with a South African passport with such particulars.
He has not explained why his vehicle is registered in South Africa.
It
is beyond dispute that the applicant lives outside the jurisdiction of this
court, and uses a foreign passport, and different names. He is in a much better
position than an average citizen to abscond, even though his passport has been
impounded by the police – S v Ndlovu 2001 (2) ZLR 261 (H).
As
alluded to above, the applicant is a flight risk.
He
seems to be ordinarily resident in South Africa. His true identity is unknown
and difficult to ascertain. The applicant is not a suitable candidate for bail –
S v Chikomba & Anor HB120-03.
The application must fail, and the applicant is
refused bail.
