View source for Well founded grounds for State opposition to bail (Zimbabwe)

It was made quite clear in Hussey 1991 (2) ZLR 187 (S) that where the State seeks to rely on one or more of these grounds when opposing bail, it is insufficient for the State merely to make bald assertions that the particular grounds applied. Its assertions must be well-grounded. It must produce cogent reasons why the particular ground in question applies and these reasons must be supported by proper information. In Malumjwa HB-34-03 it was held that in bail applications the court has to strike a balance between the interest of society (that the applicant should stand trial and there should be no interference with the administration of justice) and the liberty of an accused person (who pending the outcome of his trial is presumed to be innocent). The likelihood of a lengthy prison term being imposed (i.e. the seriousness of the offence) is a factor to be taken into account in assessing the risk of absconding. Where is has been shown that the accused has interfered with evidence, the court is justified in denying him bail. The court should, however, not refuse bail on the bare assertion of the State; there must be enough reason for such a conclusion. In other words, grounds for refusal of bail should be reasonably substantiated.

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See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]