Mashi v R (Criminal Cause 101 of 2018) [2018] MWHC 679 (31 May 2018)

f h , G H C O U R T * ! J L I B R A R Y \ JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION Homicide Cause No. 101 of 2018 (eCMS 1093 o f 2018) FRANK MASHI versus REPUBLIC ORDER FOR RELEASE OF A PERSON ON BAIL _______________ (Kamanga, J, 31st May 2018;_______________ UPON reading the applicant’s summons for release from detention on bail; CONSIDERING that the applicant has been on remand detention for almost 6 years awaiting trial, since his arrest on 4 August 2012, which is a period of time that far exceeds the pre-trial time limits stipulated in si 61G of the CPEC, and; NOTING that the State does not object to this summons and indicates that although the investigations have been concluded they do not when they will have the applicant charged; This court being satisfied that in light of the law there are no valid reasons for not granting bail in the circumstances obtaining herein, this court is of the opinion that the interests of justice necessitates the release of the applicant from detention on bail under the following conditions: 1. That the applicant be personally bonded to the court in the sum of K50,000.00 CASH; 2. That the applicant should secure two reliable sureties, one being a blood or marital relation, who should each be bonded to the court in the sums of K100,000.00 NOT CASH, a. That the suitability of the said sureties will be examined by the Registrar of this court; 3. That after his release the applicant should report to the Officer in Charge of the nearest police station/unit of his home within 7 days of being discharged then thereafter every fortnight. The applicant must inform the court and the respondent of the name of the police station where he has reported for bail within 14 days of his reporting; 4. That the applicant should surrender to the Officer in Charge of the said nearest police station/unit mentioned in paragraph 3 any travel documents that he may have in his custody; 5. That the applicant should not leave the district where he will be reporting for bail as well as the jurisdiction without informing the Officer in Charge of said nearest police station/unit, as mentioned in paragraph 3, of the destination of his travel and the duration thereof. 6. That the prosecution takes all the necessary procedural steps, by 31st August 2018, that would ensure that the homicide trial commences in the High Court including: the filing and serving of 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 1st October 2018. 8. That the applicant should attend a plea and directions hearing before the High Court sitting at Chichiri, Blantyre at 9 am on Thursday the 15th November 2018. Dated this 31st day of May 2018 at Chichiri, Blantyre Case Information Date of hearing Mr. Mussa Mr. Salamba Mrs. Pindani Ms. Million Dorothy nyaKaunda Kamanga JUDGE 30th May 2018. Counsel for the applicant. Principal State Advocate. Chief Court Reporter. Court Clerk. JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION Homicide Cause No. 101 of 2018 (eCMS 1093 o f 2018) FRANK MASHI versus REPUBLIC NOTICE OF PLEA & DIRECTIONS HEARING ________s303 o f the Criminal Procedure and Evidence Code TAKE NOTICE that the plea and directions hearing in this matter has been set down for Thursday the 15th day of November 2018 at 9:00 hours in the forenoon before a single Judge of the High Court sitting in open court room No. 1, 3rd Floor, Chichiri Court House, Blantyre. The prosecution is required to comply with the relevant provisions of the CP and EC by 31s August 2018. Dated this 31st day of May 2018 at Chichiri, Blantyre Dorothy nyaKaunda Kamanga JUDGE TO: The Chief State Advocate M/s Pearson Tax Chambers The Legal Aid Bureau Mr. Frank Mashi signature ............................ ............................ ............................ ............................ Date o f service ................... ................... ................... ................... Tel:... Served by, Name: Position Date