Application for Leave
to Appeal.
BHUNU J: On 11 January 2010 I dismissed the
applicant's application for bail pending appeal on the grounds that there were
no changed circumstances warranting the granting of bail. He now seeks leave to
appeal against my decision to the Supreme Court.
For that
application to succeed he must show on a balance of probabilities that there
are reasonable prospects of success.
A perusal of the
record of proceedings shows that the applicant keeps on regurgitating and
recycling the same old tired arguments which have been rejected by both this
Court and the Supreme Court in judgment numbers. HH 7 – 2010 and SC 40 – 2009.
The mere fact that
the trial magistrate died before completing the trial can hardly be said to be
a reasonable circumstance warranting the granting of bail in view of both
Courts' findings that if granted bail the applicant is likely to abscond. Given
the circumstances of this case the provision of surety is unlikely to change
that position.
Having regard to
the fact that the Supreme Court has the final say in all matters of law I find
that there are no reasonable prospects of success on appeal. It is accordingly
ordered that the application be and is hereby dismissed.
Venturas and Samukange,
applicant's legal practitioners
The Attorney General'
Office, respondent's
legal practitioners
