Chimbanga v R (Criminal Case 3 of 2016) [2017] MWHC 59 (6 March 2017)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION CRIMINAL CASE NO. 3 OF 2016 BETWEEN: CHIMWEMWE CHIMBANGA ........... .. ............... .. ....... ... .. APPELLANT -v- THE REPUBLIC .... ........... .................................. ........ .. RESPONDENT Coram: Hon. Justice M L Kamwambe Salamba of co unsel for the State Maele of counsel for the Appellant Phiri ... Official Interpreter RULING Kamwambe J This is sum mons for re lease of the Appl icant on bail pending Appeal. The A pplicant was 37 years old at the time of commission of the crime. He was arrested on 19th April, 2016 for having carnal knowledge with the victim Rejoice Zimphondo at Chilomoni Township in Blantyre between January and April, 2015. The court denied granting bail because the case is strong against the Ap plicant. In any case this court is put in an awkward situation of staying its own judgment and gra nting bail pending appeal when it does not see likelihood of success o f appeal in the Supreme Court of Malawi. The circum stance of the case are that the Applic ant challenged the prosecutio n that it never proved the age o f the girl child victim. The medical re port which was admissible in court carried the age of the child. Th e report is one whole document a nd is not to be dissected into two parts as the Applicant wishes it to be. Once the report is declared admissible it is admissible a s a w hole report. It is irrelevant to qu estion the source of the age o f the girl child victim at this stage when the applicant was duly represented b y coun sel in the lower court and did not argue the issue of age a t tha t level. All in all I hold the view that there is little p rospect of success of the application. Following the narration above, the stay of se ntence and bail applica tion pending appeal are denied . Made in Chambers this 6th da y of March 2017 at Chic hiri, Blantyre. M . L. Kamwambe JUDGE