Matandika & Anor. v R (Criminal Case 156 of 2018) [2018] MWHC 1061 (26 September 2018)

/ ~- ,,_.,, .... :1 HIGH COUR1 LIBH'J.\RY ·, ·b,1.i ....... ,. •• ,. R j,4M••• ..... JUDICIARY HIGH COURT OF MALA WI PRINCIPAL REGISTRY CRIMINAL DIVISION Homicide-Cause No. 156 of 2018 CHANCY MATANDIKA ELENA CHING' AMBA V THE REPUBLIC ORDER FOR RELEASE OF ELENA CHING' AMBA ON BAIL (Justice Kamanga, 261 h September 2018) UPON reading and hearing the applicants' summons for release from pre-trial detention on bail and the documents filed in support and in opposition to the summons; WHILST THIS COURT finds that it will be in the interest of justice that the pt applicant's summons for bail should not be granted; HOWEVER CONSIDERING that the 2nd applicant has been on remand detention since 9TH May 2018, which is a period of over 4 months, pending commencement of her trial and noting the fact that she requires good nutrition and special medical attention since she is expectant and on ARV treatment; FURTHER NOTING that there is a no objection from the respondent to the 2nd applicant's motion; This court being satisfied that in light of the law that there are no valid reasons for not granting bail to the 2nd applicant in the circumstances obtaining herein, this court is of the opinion that the interests of justice favour the release of the 2nd applicant from detention on bail under the following conditions: 1. That the 2nd applicant be personally bonded to the court in the sum of K30,000.00 CASH; - 2. That the 2nd applicant should secure two sureties, one being a blood or marital relation, who should be bonded to the court in the sums of Kl00,000.00 NOT CASH each, a. That the suitability of the said sureties will be examined by the Registrar of this court; 3. That after her release the 2nd applicant should report to the Officer in Charge of the nearest police station to his home within 7 days of being discharged then thereafter once every fortnight. The applicant must inform the court and the respondent of the name of the police station where she has reported for bail within 14 days of her so reporting; 4. That the 2nd applicant should surrender to the Officer in Charge of the said nearest police_station mentioned in pa1=.agrap~h 3 any travel dC?cum~nts that she may have in his custody; 5. That the 2nd applicant should not leave the district where she will be reporting for bail or the jurisdiction without informing the Officer in Charge of said nearest police station, as mentioned in paragraph 3, of the destination of her travel and the duration thereof; 6. That the prosecution should take all the necessary procedural steps, by 31st October 2018, that would ensure that the homicide trial of the applicants commences in the High Court including: filing and serving disclosures and charge sheet; the compliance with the provisions of Chapters VIII or IX of the CP & EC in relation to committal of the accused person for trial before the High Court; 7. The State and the defence should file and serve a schedule responding to s303(5) of the CP & EC by 16th November 2018; 8. That the applicants should attend a plea and directions hearing before the High Court sitting in open court Room 1 at CHICHIRI, BLANTYRE at 9 am on the 5TH December 2018. Pronounced in open court this 26th day of September 2018 at Chichiri, Blantyre . - . r,11\1 vLJ ~,A~ I Dorothy nyaKaunda Kamanga JUDGE Case information Date of hearing Mr. Chidothe Ms. B. Kumwenda Applicants Ms. Million 7th September 2018. Counsel for the Applicants. Senior State Advocate for the Respondent. Absent /represented. Court Clerk.