Judgment No. HB 63/2003

Case No. HCB 26/2003

ISAAC MUUNGANIRWA

Versus

THE STATE

IN THE HIGH COURT OF ZIMBABWE

CHIWESHE J

BULAWAYO 15 & 22 MAY 2003

M Ncube for the applicant

Mrs M Moya-Matshanga for respondent

Bail Application

CHIWESHE J: The accused faces charges of armed robbery and one

count of attempted murder. He applies for bail pending trial. The state opposes the

application on the grounds inter alia that he is unlikely to stand trial as he is prone to

abscondment. It is alleged he has previously skipped bail and for that reason he is no

longer a suitable candidate for bail. The applicant argues otherwise. He may be

given the benefit of the doubt in that regard as the presumption of innocence operates

in his favour.

However, it is further alleged that the police have had (in an effort to re-arrest

him) to pursue him as far as the Plumtree border post and into Botswana. There he is

alleged to have had an exchange of gunfire with the police, in an attempt to resist

arrest. Mr Ncube initially argued that these events were a fabrication by the police.

When asked to confirm whether in fact his client had been arrested at or near the

border post and or on the Botswana side of the border he said he did not have

instructions on the point. I do not think that Mr Ncube was being candid with the

court. In the end he conceded that his client was indeed arrested at the border post.

Once that concession is made, the conclusion that the applicant attempted to remove

HB 63/03

himself from the jurisdiction of this court is inescapable. He sought to abscond. Such

a person cannot be a proper candidate for bail.

It was for these reasons that the application was dismissed.

Hare & Partners applicant’s legal practitioners

Attorney-General’s Office respondent’s legal practitioners