Malawi Supreme Court of Appeal - 2022 February

2 judgments

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2 judgments
Citation
Judgment date
February 2022
Convicted appellant granted bail pending appeal due to prima facie prospects of success, likely delay, trial‑fairness concerns and health issues.
Criminal law – Bail pending appeal – Section 24 Supreme Court of Appeal Act – Exceptional/unusual circumstances – Prospects of success on appeal – Admissibility and provenance of audio recordings – Circumstantial evidence – Virtual hearings and public trial – Quorum and Practice Direction – Health as factor.
4 February 2022
Bail pending appeal may be granted where prima facie prospects of success and health or delay constitute exceptional circumstances.
Bail pending appeal — section 24 SCA Act — discretion exercised in interests of justice — exceptional/unusual circumstances — prospects of success; admissibility and provenance of audio recordings; circumstantial evidence; virtual hearings and public trial; delay/quorum; ill health as special circumstance.
4 February 2022