Kadulira & Ors. v R (Criminal Cause 131 of 2018) [2018] MWHC 77 (20 June 2018)

r ! JUDICIARY HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION Homicide Cause No. 131 of 2018 LAILO KADULIRA JOSEPH CHAKA WONDERFOLD HAMILTON MASAUTSO MASIBA v THE REPUBLIC ORDER FOR RELEASE OF PERSONS ON BAIL (Justice Kamanga, 20th June 2018) UPON reading the applicants’ summons for release from pre-trial detention with or without bail and the documents filed in support of the summons; CONSIDERING that the applicants have been on remand detention since 6 April 2017, which is a period of almost 14 months, pending commencement of their trial, and NOTING that the no objection entered by the State to this motion This court being satisfied that in light of the law that 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 favour the release of the applicants from detention on bail under the following conditions: 1. That each one of the applicant be personally bonded to the court in the sum of K30,000.00 CASH; 2. That each one of the applicants should secure two sureties, one being a blood or marital relation, who should be bonded to the court in the sums of K100,000.00 NOT CASH each, a. That the suitability of the said sureties will be examined by the Registrar of this court; 3. That after their release the applicants should report to the Officer in Charge of the nearest police station of their home within 7 days of being discharged then thereafter every fortnight. The applicants must inform the court and the respondent of the name of the police station where they have individually reported for bail within 14 days of so reporting; 4. That each of the applicants should surrender to the Officer in Charge of the said nearest police station mentioned in paragraph 3 any travel documents that they may have in their custody; 5. That each of the applicants should not leave the district where they will be reporting for bail or the jurisdiction without informing the Officer in Charge of said nearest police station, as mentioned in paragraph 3, of the destination of their travel and the duration thereof. 6. That the prosecution takes all the necessary procedural steps, by 31 July 2018, that would ensure that the homicide trial commences in the High Court including: filing and serving 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 applicants should attend a plea and directions hearing before the High Court sitting at THYOLO at 9 am on the 17th October 2018. Pronounced in open court this 20th day of June 2018 at Chichiri, Blantyre. Dorothy nyaKaunda Kamanga JUDGE Case information Date of hearing Mr. F. Y. Maele Mr. C. B. Chitsime Applicants Ms. Mthunzi Ms. Million 20th June 2018. Legal Practitioner for the Applicants. Principal State Advocate for the Respondent. Absent /represented. Principal Court Reporter. Court Clerk.