This
is an application for bail pending trial.
The
brief facts are that on the 22nd of August 2009, at the corner of
Helm and Athlone Roads, Northend, Bulawayo, the applicants, one or more of
them, unlawfully and intentionally, attempted to commit robbery (attempted
carjacking), that is, they tried to rob Marvellous Gumire of her Toyota Camry
motor vehicle, registration number AAV 4203.
The
application is opposed on three grounds -
(a)
Likelihood of abscondment;
(b)
Risk of interference with prosecution witnesses; and
(c)
Likelihood of commission of further crimes.
Likelihood of Abscondment:
The
allegations revealed that the applicants planned an armed robbery. They
attempted to rob the complainant of her vehicle to go and use it in the armed
robbery. They blocked the complainant's way using a BMW that they (the
applicants) were travelling in.
The
conduct is serious and would call for a substantial custodial sentence.
This
factor may induce the applicants to abscond.
Likelihood of commission of further offences:
The
first applicant is alleged to have committed this offence whilst on remand for
an offence of abuse of office, i.e. he is alleged to have arrested robbers,
acting on information from members of the public. Instead of taking the robbers
to the police station, he took their property and released them.
This
is a very strong factor against him.
The
other applicants, in associating with him, are likely to commit further
offences with him.
Risk of interference with State witnesses:
Two
of the State witnesses were in the applicants company when the offence was
allegedly planned. They are known to the applicants.
This
is a relevant factor.
Taking
all these factors cumulatively, I hold the view that all the applicants are not
suitable candidates for bail.
Accordingly, the application for bail be and is
hereby dismissed.
