This
is an application for an alteration of bail conditions based on changed
circumstances.
The
applicant was granted bail pending appeal by this court on the 12th
of November 2003. The conditions of the said bail were varied on two
conditions, on the 8th of July 2004, and on 25 April 2005.
The
appeal has not been heard for the past six years.
The
respondent has argued that there are changed circumstances in this matter to
merit the variation of the applicant's bail conditions.
In
order to determine the issue of changed circumstances, in my view, the court
must examine both the applicant's and the respondent's position.
The
applicant has been awaiting the outcome of his appeal for the past six years –
at no fault of his. The respondent is silent about this inordinate delay. In my
opinion, the fact that the applicant, despite the previous variation of his bail
conditions, fully complied with them, is an indication of a genuine belief in
his innocence, and that he has a desire to see the outcome of his appeal.
The
applicant, being a former police officer, knows what prison life is like. If he
had wanted to abscond, he would have done so sometime ago in view of the
relaxation of his previous bail conditions. The above observations, therefore,
must be taken as an indication that his desire to have his Title Deed released
to him is actuated by a genuine desire to undertake a commercial transaction as
opposed to a desire to spring himself out of the jaws of prison life.
He
has been awaiting the appeal for six years. His life must not come to a
standstill due to circumstances beyond his control. He has a right to continue
with his life, moreso, bearing in mind that no indication has been given as to
the possible date of his appeal.
For
the above reason, it is my belief that this is an appropriate case where the
applicant's plight cannot escape this court's judicial sympathy.
This
application succeeds, and the following order is made -
It is ordered that -
1.
The Applicant's Title Deed for House No. 1, 7th Avenue, Woodville,
Bulawayo..., surrendered to the Assistant Registrar of the High Court at
Bulawayo, by virtue of the Court Order of the Honourable Mr. Justice Chiweshe
made on the 12th of November 2003..., be released to the Applicant.
2.
The Applicant be and is hereby ordered to deposit an additional sum of USD100=
to the Assistant Registrar before uplifting the aforestated Title Deed.
3. All the other Bail Conditions imposed
previously are to stand.
