THE HIGH COURT OF MALAWI
CRIMINAL CASE NO. 27 OF 2008
CORAM : CHOMBO,
: Nyirenda, Counsel for the Applicant
application for bail comes to me after the applicant has spent more
than five years in custody waiting to be dealt with according
The State was absent at the hearing despite having been served with
the notice of hearing.
the time of commission of the offence, the applicant was a juvenile
and now he is an adult. The State has not given reason for
inordinate delay in prosecuting the applicant. It must be borne in
mind that every accused person is presumed innocent until
contrary is proved. The applicants time is being unnecessarily
wasted by the States failure to take the appropriate
detention, before trial of any period exceeding 24 months, in my
view, is inappropriate. As the State was absent at the hearing
was no way of getting information as to the likely dates of when
homicide matters are scheduled. It is therefore only right
applicants application be granted on the following conditions:
The applicant will report to Lilongwe Police Station
once in every two weeks on a Wednesday before 12.00 noon.
The applicant must not leave Malawi without the written
authority of Police at Police Headquarters in Area 30.
The applicant must provide two sureties who will each
be bonded in the sum of K2,000 not cash.
The applicant must leave full details of his permanent
address and place of abode.
examination of the sureties is to be done within 21 days from the
date of this order on a date to be fixed by the Registrar.
in Chambers this 25th
U D G E