Abdulah and Another v R (MSCA Criminal Appeal Case 18 of 2018) [2019] MWSC 22 (10 July 2019)

IN THE MALAWI SUPREME COURT OF APPEAL SITTING AT BLANTYRE MSCA CRIMINAL APPEAL CASE NO. 18 OF 2018 [Being High Court, Criminal Division, Miscellaneous Criminal Application Number 4 of 2017] BETWEEN ABDUL REHMAN ABDULLAH 157 APPLICANT/APPELLANT RIZWAN ABDUL REHMAN za APPLICANT/APPELLANT CORAM: THE HON. JUSTICE p CHIKOPA SC Jay Maele Mr. of @bunsetf forthe », leants/Appeltan 4 o Nasa Salamo uy. State Counsels for the Respondent ante noe Qh Mr, ‘Gourt ut Clee Chikopa SC, JA The Applicants are appearing in criminal proceedings before the High Court. Via a ruling dated May 18, 2018 we granted the first Applicant bail pending his appeal against the High Court’s refusal to grant him bail. Conditions in relation thereto were concretised by the Registrar of this Court. The second Applicant, we are informed, was granted bail by the High Court. In an application returnable on June 18, 2019 the Applicants asked the High Court to vary the conditions of their bail. They are Muslims and wanted the said Court to vary their bail conditions so as to allow them go for Haji in Saudi Arabia. In that regard they asked the Court to give them back their passports and allow them travel to Lusaka to process the visa and thereafter fly to Saudi Arabia. The High Court did not grant their wishes. It felt they are so high a flight risk it was inadvisable to grant the above. request. In respect of the first Applicant the High Court went further. It thought it had no jurisdiction to vary bail granted by this Court especially when it was still of the view that the said Applicant was a flight risk. The Applicants are now before this Court with the same request that was before the High Court. We will not grant the applications. 1 case the first Applicant has not we would, if we grantitayim oF > a x Py ~S b of justice. » S , * Er, st Co ; . seat, s b digh, Court tRaen completed. This even if the trial does not go in their favour. The ~" go aftendischarsing their obligations arising from the trial. The Applications areMeordingly not granted. In passing let us say nar do not think that the High Court has no power to vary the conditions of any bail granted in this Court. Both the bail and the conditions attaching thereto are once granted part of the trial in the High Court. The said court should in our opinion be able to vary them for good cause. Otherwise we would be running two parallel proceedings. And the practical hardships would not augur well for optimum case management. Dated at Blantyre this of 10 day of July 2019.