CHEDA J: This is an application for bail
pending trial.
Applicant is facing a charge of
rape. The brief background of this case
is that, it is alleged that on the 14th March 2010 accused raped a
15 year old girl near Magwegwe Secondary School in Bulawayo. The alleged offence was committed while he
was on bail for a similar offence..
Our courts' approach on applications
for bail pending trial is that suspects should be granted bail as a general
rule on the basis of the principle of the presumption of innocence until proven
guilty by a competent court. It is on
that principle that our courts invariably lean in favour of the granting of
bail unless there are compelling reasons against such granting.
Bail should be granted as a
safeguard to ensure that a suspect should have his day in court as this is his
constitutional right.
However, even if he will ultimately
have his day in court, bail may be denied if it is not in the best interest of
justice for him to await trial while out of custody.
A person who when on bail commits a
similar offence, in my opinion should not be easily granted bail as his actions
would have demonstrated a brazen contempt of the courts that previously granted
him bail. Such a person regardless of
the allegations alone, without more, is not a suitable candidate for bail, as
to release him will not be in the best interest of both justice and the society
he lives in. Some of the inherent
requirements for where a suspect is released on bail is the undertaking that he
will not abscond, interfere with state witnesses and most importantly that he
will not commit similar offences. Where
a suspect is granted bail on the believe that he will not commit a similar
offence, but, goes ahead to, thereby breaching that undertaking, should not be
granted bail as he would have betrayed the judicial trust bestowed on him. While he is still facing an allegation only,
in my view, the court should not ignore the fact that he would have been
sailing too close to the wind which he should not have been doing under those
circumstances.
In casu, applicant has abused his right to bail and as such I find no
compelling reason to accord him that chance again.
For the above reasons this
application is dismissed.
Cheda
J...................................................................
Cheda
and Partners, applicant's legal practitioners
Criminal Division Attorney
General's Office, respondent's legal practitioners
