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Principal Registry - 2015

2 judgments
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2 judgments
June 2015
Robert Herriot Martin v Flore-Anne Suzgo Kamanga (Civil Cause Number 4 of 2011; MSCA Civil Appeal 34 of 2014) [2015] MWSC 475 (30 June 2015)
30 June 2015
May 2015
Taipi v R (Criminal Appeal 9 of 2014) [2015] MWSC 474 (18 May 2015)
Statutory pre-trial detention limits do not strip courts of constitutional discretion to refuse bail in the interests of justice.
  • Constitutional supremacy — pre-trial custody time limits (Sections 161G & 161I C.P. & E.C.) do not displace Section 42(2)(e) 'interests of justice' bail discretion; post-expiry bail applications remain discretionary; prior escape and lengthy evasion justify refusal as flight risk; State negligence in prosecuting may trigger conditional release.
18 May 2015