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HB128-09 - ROY NDLOVU vs THE STATE

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Bail-viz recommendations of the Investigating Officer.

Bail-viz the principle of the presumption of innocence until proven guilty.
Bail-viz unopposed bail application.
Bail-viz unopposed bail application by agreement of the parties re discretion of the court to overrule such agreement.
Bail-viz unopposed bail application by consent of the parties re obligation of the court to adhere such agreement.
Bail-viz unopposed bail application by agreement of the parties re obligation of the court to rubber stamp such agreement.
Bail-viz fraud.
Bail-viz serious allegations.
Bail-viz overwhelming evidence.
Bail-viz prima facie case re evidence.
Bail-viz abscondment.
Bail-viz serious allegations re flight risk.
Bail-viz lengthy term of imprisonment re inducement to abscond.

Bail re: Fraud

This is an unopposed application for bail.

The brief facts of this case are that the applicant is employed by the National University of Science and Technology..., as a principal accountant. His duties, inter alia, were to compile salary and allowance schedules, and paying employees. During his employment, he drafted a payroll of non-existent workers, and re-introduced employees who had resigned from the institution. In addition, therefore, he would inflate salary grades of some employees, but, on payment, employees received their normal or actual salaries while he pocketed the difference. With regards to the non-existent employees, he would then draw their salaries.

As a result of this scam, his employer suffered actual prejudice in the amount of US$18,947=.

In casu, the applicant is facing very serious allegations of fraud which has been carried out after careful, and precision, planning.

The State has an audit report as proof of the commission of the offence, and copies of payroll sheets bearing the applicant's signature. This, to me, is evidence of a prima facie case against him. In saying so, I have not lost sight of the fact that, at this stage, these are mere allegations.

The question that falls for determination is whether or not the applicant is likely to stand trial if granted bail.

In my view, the applicant is involved in a serious case of fraud where the State has overwhelming evidence against him. If convicted, he is likely to be imprisoned for a very long time.

In light of the above, he has every reason to abscond in order to avoid the rigours of prison life. If this happens, the interests of justice would have been defeated.

It is for that reason that the applicant's application should not succeed.

This application is accordingly dismissed.

Bail re: Approach iro Approach to Bail Hearings and Rules of Evidence in Bail Proceedings

The Investigating Officer opposed bail in this matter but has been overruled by the respondent.

In granting bail, the court, or Judge, is not obliged to rubber stamp what has been agreed to by the applicant and the respondent, although the State's response to a bail application is very persuasive, and should only be departed from if the court, or Judge, is of a very strong view that the respondent has missed a certain important, and vital, point.

Bail re: Approach iro Approach to Bail Hearings and Rules of Evidence in Bail Proceedings


Our courts are guided by the time-honoured principle of the presumption of innocence of a suspect until proven guilty by a competent court.

Bail re: Approach iro Approach to Bail Hearings and Rules of Evidence in Bail Proceedings


In determining bail, the court should always bear in mind that at all times it should always balance the interests of the suspect against that of justice.

CHEDA J:     This is an unopposed bail application.

The brief facts of this case are that applicant is employed by National University of Science and Technology hereinafter referred to as [NUST] as a principal accountant.  His duties inter alia were to compile salary and allowance schedules and paying employees.  During his employment he drafted a payroll of non-existent workers and re-introduced employees who had resigned from the institution.  In addition, therefore, he would inflate salary grades of some employees, but, on payment employees received their normal or actual salaries while he pocketed the difference. 

            With regards to the non-existent employees he would then draw their salaries.  As a result of this scam his employer suffered actual prejudice in the sum of US$18 947-00.

            The Investigating Officer opposed bail in this matter but he has been overruled by the respondent.

            Our courts are guided by the time honoured principle of the presumption of innocence of a suspect until proven guilty by a competent court.  In granting bail, the court or Judge is not obliged to rubber stamp what has been agreed to by the applicant and respondent although the State's response to a bail application is very persuasive and should only be departed from if the court or Judge is of a strong view that respondent had missed a certain important and vital point.

            In casu applicant is facing very serious allegations of fraud which has been carried out after a careful and precision planning.   The state has an audit report as proof of the commission of the offence and copies of pay roll sheets bearing applicant's signature.  This to me is evidence of a prima facie case against him.  In saying so, I have not lost sight of the fact that, at this stage these are mere allegations.

            In determining bail, the court should always bear in mind that at all times it should always balance the interests of the suspect against that of justice.

            The question that falls for determination is whether or not applicant is likely to stand trial if granted bail.  In my view, applicant is involved in a serious case of fraud where the state has overwhelming evidence against him.  If convicted he is likely to be imprisoned for a very longtime.  In light of the above, he has every reason to abscond in order to avoid the rigours of prison life.  If this happens, the interest of justice would have been defeated.

            It is for that reason that applicant's application should not succeed.

            This application is accordingly dismissed.

 

 

Cheda and Partners, applicant's legal practitioners

Criminal Division, Attorney General's Office, respondent's legal practitioners
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