Court name
High Court General Division
Case number
46 of 2008

R v Chimthunzi (46 of 2008) [2008] MWHC 90 (24 April 2008);

Law report citations
Media neutral citation
[2008] MWHC 90

IN
THE HIGH COURT OF MALAWI


LILONGWE
REGISTRY


MISC.
CRIMINAL CASE NO. 46 OF 2008





BETWEEN





GIFT
CHIMTHUNZI …………………………………………………………………..……
APPLICANT







  • AND –






THE
REPUBLIC ……………………………………………………………………………..
RESPONDENT








CORAM : CHOMBO,
J.





: Mtupila,
Counsel for the Applicant


: State
representative, Absent






RULING





Before
me is an application for bail. The applicant was arrested on 28
February 2008 on an allegation of murder. It is now submitted
that
he has not been formally charged or brought before a court of
competent jurisdiction to answer the allegation or to be told
the
reason for his incarceration. The State was absent and the
applicant’s Counsel did not disclose whether or not the State
was
served, nor was evidence of service submitted to court.





It
was submitted by Counsel that he had informal information that the
postmortem examination results show that death occurred as
a result
of excessive drinking. With respect it would be difficult for the
Court to rely on any “informal information”. Whilst
the need, at
the moment, is not to concretise any evidence before court, the court
might be considered unwise to base its decisions
on some “informal
information” supplied to Counsel.





Whilst
the court accepts Counsel’s submission that murder is a bailable
offence it should also be borne in mind that the right
to bail is not
absolute and that murder is a serious offence and courts have to take
into account all the circumstances of the
offence before granting
bail.





I
therefore order that the State must be served with the notice and
proof of such service provided to court accordingly. This will
give
the State an opportunity to respond to the submissions of the
applicant.





MADE
in Chambers this 25
th
April, 2008.











E.J.
Chombo


J
U D G E