HB 152-18 MTHOKOZISI NCUBE versus THE STATE

MTHOKOZISI NCUBE

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 11 JUNE 2018 AND 14 JUNE 2018

 

 

Bail Application

 

 

N Sithole for the applicant

T Hove for the respondent

 

 

 

            MATHONSI J:          The applicant’s trial on 5 counts of robbery has already commenced at the magistrates court, it having commenced on 12 April 2018.  He is jointly charged with two other people.  He has however seen it fit to approach this court seeking his admission to bail pending trial, a trial which is mid-stream, because prison authorities have not been bringing detained accused persons to court for trial because of logistical challenges.

            He commends himself for admission to bail because he says he denies the charges and questions his identification following the holding of a parade which was only conducted after his photograph, along with those of his two co-accused, had been published in the Chronicle Newspaper accompanied by a story that they had appeared at Western Commonage magistrates court on charges of robbery.  According to the applicant the identification process was suggestive, unreliable and contaminated.  Therefore the state case against him is weak.

            The applicant is aged 22 years, he is not married and has no children.  He was arrested on 25 January 2018 following a raid by detectives at a hide-out in Emganwini, Bulawayo after they 

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