The
applicant is a juvenile aged seventeen years and some days.
He
is charged with theft of a firearm, murder, and theft of a motor vehicle.
The
pith and marrow of the allegations against the applicant are briefly the
following.
On
11 May 2009, and at Koala Abbatoir, Harare, the applicant stole a Wembley
revolver, serial number 8623, which was in the complainant's bag. He hid the
weapon in his bag and took it to Kwekwe. On 13 May, armed with the revolver,
the applicant caught a lift in a Zimbabwe Broadcasting Corporation (ZBC) Nissan
motor vehicle, registration number, AAW 0483, from Gweru to Kwekwe.
The
vehicle was driven by the now deceased, a Zimbabwe Broadcasting Corporation
driver.
Before
departing from Gweru, the now deceased passed through the suburb of Athlone to
see a relative. Whilst the now deceased was at Garden Crescent, the applicant
drew the pistol from his pocket and shot the now deceased once in the head,
killing him instantly. The applicant pulled the now deceased's body out of the
vehicle and drove the vehicle away. After dumping the body, he did not drive to
Kwekwe but, instead, drove in the opposite direction towards Chivi.
In
his papers, he said his destination was Mwenezi communal lands, where his
cousin was already busy engaging in the business of cattle buying and selling
on behalf of the applicant's father.
The
applicant's father filed an affidavit in support of this application. From it,
the applicant's background is clear. What can be gleaned from his affidavit is
that he long lost control over the applicant. He said -
“(4)
What I would, however, like to pass on to this honourable court by way of
background information is that sometime last year, my son disappeared from
Kwekwe High School with some of his classmates while he was doing Form 3, and I
have learnt from some of his friends that he had proceeded to Marange/Chiadzwa Mining
area where people were flocking in large numbers in search of the precious
mineral.
(5)
When he returned from Chiadzwa, sometime toward the end of August 2008, I could
notice that there was a slight change in his behaviour, as he always spend
(sic) time away from home with his friends...,.
(11)
I undertake to take all reasonable precautionary measures to ensure that I
monitor his activities and that I attend trial with him, if he is granted bail.”
This
is not the kind of young man that a father can seriously say he exerts
authority over. The father failed to do so before he committed these serious
offences, and before he lived the life of an illegal diamond hunter.
It
is highly unlikely he will do so now.
The
offences he committed cannot be attributed to immaturity and naivety.
The
offences he committed are grave.
He
did not hand himself to the police to indicate a change of heart. He was
apprehended by alert members of the public. In any event, if the applicant is
immature and naive, what assurance is there that he will stand trial? If he can
kill a human being in his naivety, what would stop him from absconding on
account of the same naivety?
The
stability of his family, and the fact that his parents are ardent, and devout,
Christians, does not mean he will not abscond. As alluded to..., he previously
deserted the same family values to become an illegal diamond dealer. The
parents did nothing when he absconded from school.
I
do not agree with counsel for the applicant that he is unsophisticated.
He
was able to use the stolen pistol. He was able to drive the stolen vehicle from
Gweru to Chivi communal lands on his own. This is not indicative of lack of
sophistication.
Looking
at all the above factors, I arrive at a conclusion that the applicant is not a
suitable candidate for bail. He is a flight risk.
Accordingly, the application is dismissed and
bail is refused.
