Jalasi v R (Bail Application 6 of 2017) [2018] MWHC 912 (18 October 2018)

\ - IN THE HIGH COURT OF MALA WI ZOMBA DISTRICT REGISTRY BAIL APPLICATION NO. 6 OF 2017 ELIAS! JALASI ........................................................ APPLICANT AND THE STATE .................................................................. .. RESPONDENT CORAM Ntaba J. ZNTABA,J. Mr. K. Kumitengo accompanied by Mr. T. Chirwa, Counsel for the Applicant Mr. C. B Chitsime, Counsel for the Respondent Mr. D. Banda, Court Clerk 1.0 THE APPLICATION RULING 1.1 1.2 1.3 The Applicant, Eliasi Jalasi is charged with murder charge contrary to section 209 of the Penal Code. He was arrested by Ntaja Police. He is currently remanded at Mikuyu 2 Young Offenders Rehabilitation Centre since 5th May, 2017. The Applicant is hailing from Mpirangwe village under Traditional Authority Kadewere in Chiradzulu district. He resided in the same village with his parents and was working as a farmer. He is married and has one (1) child who used to reside with him. He argued that bail be granted as he has..no. Lb.een .. .infoi:med-Gt'-the-dat6---0f- h-i-s- - - - trial. He however undertakes not to interfere with police investigations if they are not concluded. He also highlighted that he has been in custody for more than 30 days before being taken before the High Court as the court of competent jurisdiction to answer the murder allegation as such is a gross violation of section 42(2)(b) of the Constitution. He prayed that the court release him on bail with conditions which the court deems fit. 1.4 The State did file an affidavit in response which confirmed that the Applicant was arrested in October, 2016 under police docket number NJ/CR/29/04/2017 on allegation of causing the death of Mike Mtuwanika. The facts stated that on Eliasi Jalasi v Republic - 2-3rct April~ 2017-, the deceased and his friend around 21 :00 hours went to the house of the Applicant to see his girlfriend. On knocking on the door, the Applicant started chasing them and caught the deceased about 300m away. He started assaulting him with a stick and stone and he died on the spot. The body was examined at Ntaja Health Centre which recorded cause of death as severe head injuries. 1.5 The State indicated that investigations were completed and that it had held the Applicant beyond the prescribed statutory pre-trial detention period. It was their submission that releasing the Applicant on bail would not jeopardise the interests of justice as such they did not object to bail being granted. 2.0 ORDER 2.1 2.2 I have carefully considered the facts and the law and realizing that bail is constitutionally guaranteed to everyone. Cognizant that bail although available to homicide suspects, it is not absolute but contingent on the interest of justice. Notably, in this case the balance of justice lie in favour of granting bail. I would also note that on 29th September, 2017, I had granted bail to the Applicant but adjourned the condition setting so that I could be provided with a social inquiry report by the Social Welfare Office. I was informed by the Applicant's Counsel that the District Social Welfare Office indicated that they could not undertake the work in the time specified. Let me highlight that there are reasons for court's requesting such reports, they aid in terms of conditions for bail but also highlight the kind of environment we are sending the child to. Incidentally, the Applicant was assisted by Byounique Trust which conducted a home visit and compiled a report and which report the court adopted. 2.3 This court therefore orders that bail be granted. The Applicant is therefore bound on the following conditions - 2.3 .1 he pay a bail bond of a cash sum of K20,000.00 into Court before being released; - - - - - - - - - - - - - - ----;,;o""· ,1;;1s order on a date and time to be fixed by her; 2.3.2 he produce two (2) sureties with one surety being his parent/guardian and each surety to be bonded in the sum ofKl00,000.00 not cash. The said sureties be examined by the Registrar within twenty one (2~1 )~d=-a=y~s~ - - - - 2.3.3 he report every Monday to Ntaja Police Station or his nearest police station in Chiradzulu(which station should be communicated to the court) except if required to report to Court on the same day; 2.3.4 surrender any travel documents to the said Police Station and not to leave the country without the written authority of the officer-in-charge of the Police Station; 2.3.5 seek written permission from the officer-in-charge of the said Police Eliasi Ja/asi v Republic Station if they wants to travel outside Ntanja or Chiradzulu; 2.3.6 be bound to keep the peace and refrain from tampering with state witnesses; and 2.3.7 not commit any crime during the subsistence of his bail. 5.3 The State is further ordered to do all necessary issues for pretrial procedures including committal procedures in readiness for plea taking 301h November, 2017. I order accordingly. Made in chambers this 18th day of October, 2017. Z. J. V. Ntaba Judge - Eliasi Jalasi v Republic 3