Blow by blow narrative of Sikhala’s bail application

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*The proceedings are about to start as all parties are now present.

There was a delay due to printing challenges of essential documents by the court
*12:28*Advocate Eric Matinenga tells the court that he was part of the process of our new Constitution and section 50(1)(d) was relevant
*12:30*An arrested person is entitled to bail unless there are compelling reasons to deny him
*12:34*This is also provided for by section 115C of the Criminal Procedure and Evidence Act
*12:38*Ngarivhume’s form 242 is a regugitation of what the police thinks to deny bail
*12:48*Evidence by the police witnesses differed. Detective Makore denied visiting Sikhala’s home while investigating officer detective Mukohwa said he made the visits
*12:54*Mukohwa believes in the old dispensation where everything a police officer said would be considered by the court in denying bail
*12:54*The police failed to produce their investigation diary logs to substantiate their claims about their investigations concerning the visits they made at Sikhala’s home and rural areas
*13:24*The case against him carries a much less penalty than the Masvingo case and is a family man with a house. His roots are in this country
*13:25*He is Innocent as there are no compelling reasons before the court
*13:26*A figure in the region of $20 000-$50 000 can be sufficient for his bail
*13:27*He is happy to report to St Mary’s police station,reside at his given address and to surrender his passport
*13:28*Matinenga ends submissions and his co-counsel Harrison Nkomo takes over
*12:55*Lawyer Beatrice Mtetwa was correct to visit the CID Law and Order section enquiring if they sought to interview Sikhala
*12:55*Sikhala could not trust anyone who visited his home without identification thereby appointing his lawyer to make enquiries
*12:57*One ought not to deny Mtetwa’s evidence
*12:58*There is no evidence before the court that Sikhala knew the police were looking for him
*13:19*Sikhala is a good candidate for bail. He is a legislator who knows his obligations to the Constitution and laws of the country. He is also a lawyer and court officer aware of the implications for absconding bail
*13:22*As a politician he is looked upon by his party, constituency and the whole country as an exemplary person*

*13:55*The fact mentioned by the defence that an arrested accused person must be released conditionally or unconditionally does not hold water. It only applies to detained persons who are yet to appear in court
*13:59*Sikhala is said to have called detective Chibaya but failed to prove this. He who alleges must prove
*14:01*There are compelling reasons to this matter before the court
*14:02*State ends submissions
*14:03*Magistrate Lazini Ncube tells the court he will hand down his ruling tomorrow at 2:30pm