BHUNU
J: The applicant is in remand prison on allegations of murder. Acting in
consort and common purpose with three others he is alleged to have assaulted
and murdered the deceased accusing him of having stolen his money. The offence
was committed in 2007.
All
along the applicant has been a fugitive from justice. He has been on the police
wanted list after the magistrate issued a warrant of arrest. He was only
arrested on 23 April 2004 after he had been arrested for armed robbery. There
is no substance in the accused's submission that he did not know that the police
were looking for him. Common sense dictates that if one assaults someone so
severely as to cause his death he cannot be heard to say that he did not know
that the police were looking for him.
The
State's fears that if granted bail he is likely to abscond are therefore well founded.
The facts also tend to disclose that the applicant has a propensity of committing
violent crimes. The possibility that if granted bail he is likely to commit
similar offences cannot be excluded.
For
the foregoing reasons I consider that the applicant is not a good candidate for
bail. Granting him bail is likely to compromise the due administration of
justice.
It
is accordingly ordered that the application for bail pending trial be and is
hereby dismissed.
I. Murambatsvina, legal practitioners, applicant's legal practitioners.
The Attorney
General's office, respondent's legal practitioners.
