Chikapa v R (Bail Application Cause 144 of 2021) [2022] MWHC 170 (6 January 2022)

ZOMBA DISTR: EY EEGISTRY BAIL APPLICATION CAUSES MUMESIR 144 OF 2021 BETW/EET. DON CHIKAPA TTP rEPrT TTT TTrrerrrerrrecerereeree. cence APPLICANT AND THE REPUBLIC Leese eeuene eee eueeseeesseulasesae peo eaveceasess RESPONDENT Coram: Honourable Justice Violet Palikens-Chipas Debwe, of Counsel for the Applica: Kumwenda, Senior State Advocaie, of Counsel for the Respondent Kazambwe (Ms), Official Interpreicr end Court Clerk RULING ON APPLICATION FOR BALL PENDING TRIAL 1. The Applicant, Don Chikapa, is on remand at Domasi Prison on allegations of murder. 2. The Applicant was arrested by police in March, 2016 on the allegation of having caused the death of his Uncle Chemponda. 3. The brief facts are that the deceased started beating the Applicant and in reaction the Applicant hit his Uncle with a metal bar. His Uncle fell down and a cay later he was arrested on grounds that he killed his Uncle 4. The Applicant has been in custody since she was arrested in September, 2019. It is on the basis of the length of stay on remand without prospects of trial in the near future and the fact that the Applicant’s continued stay in custody is illegal as his pre-trial custody time limit expired long ago, that the Applicant prays to this court for bail. 5. The State has indicated that investigations were completed but that they are yet to receive the docket from the Police. The State did not object to the bail application. 6. The right to bail is guaranteed by section 42(2) (e) of the Constitution is subject to the interests of justice. Interest of justice has not been detined in the Constitution but the Bail Guidelines Act of 2000 offers guidance on what to consider when deciding whether or not it is in the interest of justice to grant bail. The Bail Guidelines Act in Section 3 under Part II on Bail by the Court Paragraph 4(a) to (d), lays down principles which the court should take into when deciding whether or not to grant bail. (a} the likelihood that the accused, if released on bail, will attempt to evade his or her trial {b} the likelihood that the accused, if he or she were released on bail, will attempt to influence or intimidate witnesses or to conceal or ‘Isstroy evidencs (c}) the likelihood that the accused, if he or she weve released on bail, will endanger the safety of the community or any particular person ov will commit an offence (d) in exceptional circumstances, the likelihood that “:s release of the accused will disturb the public order or undermine the public geace or <sourity 7. The duty lies on the State to satisfy the court why bai! skovld not be granted in the interest of justice, Whilst the burden to show that the interes:s of justice require further detention lies on the State, the Court may also on its own, notwithstending any representations to the contrary by the Applicant or the State or both, make its inderendent circumstances of the Applicant and the interesis of jo the Bail Guidelines Act, “Notwithstanding the ¢ granting of bail, the court has the duty to weigh us the interests of justice.” 8. The State has not opposed the application for bail anc hes sot laid any grounds why bail should not be granted in the interest of justice. The Court also nas net found anything against the granting of bail more so considering that the Aoplicants heve been on remand for over 5 years. The Applicant have overstayed on remand and it is only just that she be released on bail. Bail is therefore granted to the Applicant on the folowing conctitions; a. Cash bond of K30, 000 Two sureties bonded in a non-cash sum of £100, 900 The Applicant and his sureties to produce their a can a ceding upon weighing the personal ce. According to Part Hl Section 9 of i that tLe prosecution does not oppose the mai interests of the accused against wl the pecs ional identities Applicant is to report for bail at the nearest solice station Fridays every fortnight Applicant is to surrender travel documents to the court ifany. om oS 9. The State is directed to take all preliminary steps for the trial of the Applicant including committal proceedings and filing of disclosures within 60 days from today. The matter is to come for plea and directions on 9" March, 2022 at 9am. It is so ordered. Pronounced in Chambers this 6" Day of January, 2022. “lr Violet Paitkena-Chipae JUDGE