THE HIGH COURT OF MALAWI
CRIMINAL APPLICATION NO 88 OF 2005
CORAM : HON.
JUSTICE R.R. CHINANGWA
(Mrs); Counsel of the State
Counsel of the Applicant
U L I N G
applicant Rex Nyakhuwa through Counsel Matumba is applying for bail
under Section 42(2)(e) of the Constitution and Section 118
EC. The application is supported by a sworn affidavit of Counsel
Theu which Counsel Matumba adopted.
show that the applicant was on 10th
August, 2005 arrested for causing the death of two persons at
Dwangwa. He is alleged to have caused their deaths when he ran them
over with the car he was using. The type of motor vehicle has not
been given. So are the names of the deceased persons. But
fatal accident occurred on 10th
August, 2005 at 6pm.
applicant has been charged with murder. It was submitted by Counsel
Mrs Kachale that the applicant was committed to High Court
for applicant submitted that bail is constitutional right.
Furthermore that homicide trials are over, it is not known
will resume again.
applicant is a well established garage owns at Dwangwa. He is a
family man. Indeed the State strongly opposes the granting
starting point is an examination of Section 42(2)(e) of the
person arrested for, or accused of, the alleged commission of an
offence shall, in addition to the rights which he or
she has as a
detained person, have the right
to be released
from detention, with or without bail unless the interests of justice
It is appropriate to
reproduce Section 118 but of relevancy is subsection (3) CP & EC.
High Court may, either of its own motion or upon application, direct
that any person be released on bail or that the
amount of, or any
condition attached to, any bail required by a subordinate court or
police officer be reduced or varied.
Indeed an accused
person in remand has a constitutional right to bail, but it is not an
absolute right. However what is paramount
is whether once granted
bail he will honour the conditions set down by presenting himself for
lies and possession of wealth (property) are factors to be
considered. The nature of offence and punishment.
is not disputed that applicants offence arising from a road
accident. It is alleged that he has been charged with murder.
information is not supported by any documents.
weighted the facts this court considers it in the interest of justice
to grant bail to applicant. Regarding being had to
the fact that he
is presumed innocent as of now. The following are the conditions:-
Applicant to enter
into bail bond of K10,000 (not cash).
Two sureties to
enter into bail bond of K10,000 (not cash) each.
surrender passport or any travel documents.
Applicant to report
at the nearest police station on the first day of each month.
applicants sureties to be examined by the Assistant Registrar.
Chambers on 23rd
November, 2005 at Lilongwe.
U D G E