Salawe v R (Homicide Case 14 of 2021) [2021] MWHC 302 (16 December 2021)

REPUBLIC OF MALAWI IN THE HIGH COURT OF MALAWI ZOMBA DISTRICT REGISTRY HOMICIDE CASE NO. 14 OF 2021 CHIMWEMWE SALAWE APPLICANT BETWEEN AND THE REPUBLIC RESPONDENT CORAM: Honourable Justice Z. J. V. Ntaba Ms. A. Musa, Counsel for the Applicant Mr. A. Mphepo, Counsel for the State Ms. C. Nyirenda, Court Clerk and Interpreter RULING 1.1 1.2 The Court is hearing this application for the second time following an adjournment by the Court to allow the State. During the first pleas and directions hearing on 15th November, 2021, the Court was informed that the accused was arrested on 18th September 2021 on the allegation that she had caused the death of Emmanuel Maganga due to a debt owed to her. The circumstances of the case were that following the failure to pay the debt owed, the accused locked the deceased in a car where he became unwell and eventually died. The State indicated to the Court that the hearing could not proceed as they had not finalized investigations as the offence had occurred in September, 2021 as such they were seeking an adjournment to conclude the same. The accused argued that it was not known how much time the State wanted to conclude the investigations. It was their contention that the accused in the circumstances be given bail as such would be just and fair. Accordingly, the particulars of the accused are that she is aged 35 and hailing from Poko village under Traditional Authority Nkanda in Mchinji. She is a business woman and owns a shop pin Mulanje and has a child aged 11. She resides in Nkhonya village under Traditional Authority Chikumbu in Mulanje. She prayed that she will abide by the terms and conditions set by the Court if bail was granted. The Court refused to grant bail and granted the State, their prayer for an adjournment because the statutory pre-trial custody limit had not lapsed. Chimwemwe Sa la we v The Republic 1.3 1.4 The pleas and directions hearing resumed on 13th December, 2021 and the Court was informed by the State that investigations had been completed however they had still not been furnished with the police docket. The State was therefore once again praying for another adjournment. In response the Applicant reminded the Court of its earlier bail application and indicated to the Court that the State was not objecting. The State confirmed their non-objection and only prayed that bail conditions be those that allow for the attendance of the accused for trial. The Court has carefully reviewed the application and notes the non-objection by the State. In terms of the accused, it is noted that her statutory pre-trial custody limit following her arrest expires on 18th December, 2021. Notably, it has been advanced that investigations are completed, therefore indicating to the Court that there is a small likelihood that the accused would tamper with evidence or witnesses. Taking into account the law on bail, this Court reminds itself that the same is a constitutional right albeit limited. The limitation however is based on the interests of justice as well as the Court’s discretion which is this case highly favour the granting of bail. 1.5 Accordingly, this Court hereby determines that the interests of justice in terms of Ms. Salawe be granted bail as its her constitutional right and the balance in this case rest in her favour. Accordingly bail is grated on the following terms - 1.5.1 1.5.2 1.5.3 1.5.4 1.5.5 1.5.6 1.5.7 1.5.8 that she pay a cash bail bond of K3 00,000.00 before her release; she provide two sureties to be examined by the Assistant Registrar who will be bonded for a non-cash sun of KI,000,000.00 each; she report to Phalombe Police Station once every month on a Tuesday; she surrender any travelling document; she seek permission of Office in Charge of the above Police Station to travel outside Phalombe; she provide a copy of her national identification card before her release; she not interfere with State witnesses or nor tamper with evidence; and she be bound to keep the peach and not commit any of crime. I order accordingly. Dated this 16<h day of December, 2021. Chimwemwe Salawe v The Republic Z. J. VNtaba JUDGE